20    305 


SCHOOL  LAWS 


OF  THE 


STATE  OF  IDAHO 


REVISION  OF  LAWS  EFFEi 

MAY  8,  1915 


ISSUED  BY  AUTHORITY  OF 

BERNICE  McCOY 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 
STATE  OF  IDAHO 


Compiled,  Annotated  and  Indexed  by 

T.  C.  COFFIN 
Asst.  Attorney  General 


GIFT   OF 


SCHOOL  LAWS 


OF  THE 


STATE  OF  IDAHO 


REVISION  OF  LAWS  EFFECTIVE 

MAY  8,  1915 


CL    /*    L 

En - 


ISSUED  BY  AUTHORITY  OF 

BERNICE  McCOY 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 
STATE  OF  IDAHO 


Compiled,  Annotated  and  Indexed  by 

T.  C.  COFFIN 
Asst.  Attorney  General 


• 


TABLE  OF  CONTENTS 


Article.  Sections. 

I  State  Board  of  Education   1-     9 

II  State  Supt,  of  Public  Instruction 19-22e 

III  Board  of  Text  Book  Commissioners 23-34 

IV  County  Supt.  of  Public  Instruction 35-  45 

V  School  Districts 46-52 

VI  District  Trustees   53-62 

VII  School  Funds  and  Finances   63-75 

VIII  School  District  Bonds    76-84 

IX  Teachers    85-87 

X  Certification  of  Teachers   88-107 

XI  Teachers'   Institutes    108-111 

XII  Summer  Normal  Schools 112-121 

XIII  Independent   School   Districts 122-133 

XIV  Rural  High  Schools    134-141 

XV  Prevention  of  Disease    142-145 

XVI  Compulsory  Education 146-151 

XVII  Proceedings  for  Correction  of  Delinquent 

Children 152-165 

XVIII  Child  Labor  Act   166-173 

XIX  State  Library  Commission 174-176 

XX  Public  Libraries    177-184 

XXI  Miscellaneous  Provisions    185a-193 

XXII  Repealing  Conflicts   194-195 

XXIII  Free  Tuition  ,  196-199 


381237 


IDAHO  SCHOOL  LAWS 


ARTICLE  I. 
STATE  BOARD  OF  EDUCATION. 


Section. 

1.  State   Board   of   Education: 

Creation. 

2.  Same:      Membership:      Ap- 

pointment:   Qualifications. 

3.  Same:    Transfer    of   control 

of  institutions:  Office. 

4.  Removal        of        members: 

Cause. 

5.  Same:       Meetings. 

6.  Expenses     and     compensa- 

tion  of   members. 

7.  Powers  and  duties  of  board. 
7a.     Same:        Appointment        of 

Commissioner:  Qualifica- 
tions: Removal. 

7b.  Same:  Rules  and  Regula- 
tions. 

7c.     Same:     Supervisory  powers. 

7d.  Same:  Appellate  body:  Leg- 
islative body. 

7e.     Same:     Budget. 

7f.  Same:  Delegation  of  dis- 
cretion to  experts. 

8.  Executive    officers:    Powers 

and    duties. 

8a.      Same:     In    general. 
8b.     Same:     General  supervision 

of  schools. 
8c.      Same:    Recommendations  to 

Legislature. 


Section. 

8d.  Same:  To  prepare  budget 
for  Legislature. 

8e.  Same:  Supervision  of  school 
expenditures. 

8f.  Same:  Supervision  of  build- 
ings and  constructions. 

8g.  Same:  Supervision  of 
courses  of  study  in  state 
institutions. 

8h.  Same:  Minimum  course  of 
study  in  public  schools. 

8i.  Same:  Supervision  of  text 
books. 

8j.  Same:  Supervision  of  Sum- 
mer Normal  Schools. 

8k.  Same:  Certification  of 
teachers. 

81.  Same:  State  Library  Com- 
mission. 

8m.  Same:  Conservation  of 
health. 

8n.      Same:      Health  supervision. 

80.      Same:      Reports  of  schools. 

8p.  Same:  Publication  of  re- 
ports and  statistical  ta- 
bles. 

9.  Annual  report  of  State 
Board  of  Education:  Rec- 
ommendations. 


State  Board  of  Education — Creation, 

Section  1.  That  for  the  general  supervision,  govern- 
ment and  control  of  all  State  educational  institutions  of 
this  State,  to-wit:  The  University  of  Idaho,  L^ewiston 
State  Normal  School,  Albion  State  Normal  School,  the 
Academy  of  Idaho,  the  Industrial  Training  School  and 
the  School  for  the  Deaf  and  Blind,  and  for  the  general 
supervision,  government  and  control  of  any  other  such 
State  educational  institutions,  as  may  now  or  hereafter  be 
founded,  and,  further,  for  the  general  supervision,  govern- 
ment and  control  of  the  public  schools  of  the  State,  a  State 
Board  of  Education,  which  shall  also  constitute  the  Board 
of  Regents  of  the  University  of  Idaho,  is  hereby  created  and 
established,  to  be  known  as  the  State  Board  of  Education 
and  Board  of  Regents  of  the  University  of  Idaho. 

Laws   1913,   page   328,   Section   1. 

Cross  Reference:    Const.  Section  2,  Article  9;   Laws  1913,  page  677. 

Cited:     Bank  vs.  Board  of  Regents,  26  Idaho  15,  140  Pac.  771. 


6  IDAHO   SCHOOL  LAWS. 

Same — Membership — Appointment — Qualifications. 

Sec.  2.  Said  State  Board  of  Education  and  Board  of 
Regents  of  the  University  of  Idaho  shall  consist  of  five 
(5)  appointive  members  and,  in  addition  thereto  the  State 
Superintendent  shall  be  ex-officio  member  of  such  Board. 
The  Governor  of  Idaho  is  hereby  empowered,  and  it  is 
hereby  made  his  duty,  not  later  than  the  first  Monday  of 
April,  1913,  to  appoint,  as  members  of  said  State  Board  of 
Education  and  Board  of  Regents  of  the  University  of  Ida- 
ho, five  members,  one  to  hold  office  for  one  year,  one  for 
two  years,  one  for  three  years,  one  for  four  years  and  one 
for  five  years.  Annually  thereafter,  commencing  on  the 
first  Monday  of  April,  1914,  he  shall  appoint  one  member 
of  said  board  to  serve  for  a  period  of  five  years.  The  Gov- 
ernor shall  fill,  by  appointment,  all  vacancies  which  may 
occur  on  the  Board,  such  appointment  to  be  made  within 
thirty  days  after  such  vacancy  occurs,  and  to  be  for  the 
unexpired  term  of  the  retiring  member ;  Provided,  That  all 
such  members  of  said  Board  shall  be  appointed  solely 
upon  consideration  of  their  ability  to  efficiently  serve  the 
interests  of  the  people  and  of  education  in  this  State, 
without  reference  to  locality,  to  occupation,  to  party  af- 
filiation or  to  religion;  Provided,  further,  That  any  mem- 
ber so  appointed  shall  not  heretofore  have  been  connected 
with  any  of  the  State  educational  institutions  of  this 
State,  either  as  Regent,  member  of  Board,  instructor  or 
student,  and  shall  have  been  a  qualified  elector,  and  tax 
payer  in  this  State  for  at  least  three  years  prior  to  the 
date  of  his  appointment.  Said  members  of  said  Board,  ap- 
pointed as  above  provided,  shall  qualify  for  office  and 
assume  their  duties  in  accordance  with  existing  laws  gov- 
erning similar  appointments  to  and  qualifications  for  of- 
fice on  other  State  Boards  of  this  State. 

Laws    1913,   page   328,   Section   2. 

Same — Transfer  of  Control  of  Institutions — Office. 

Sec.  3.  Said  State  Board  of  Education  and  Board  of 
Regents  of  the  University  of  Idaho  shall,  upon  its  being 
established  as  provided  in  this  Act,  assume  all  powers  and 
perform  all  duties  now  held  by  the  Board  of  Regents  of 
the  University  of  Idaho  and  by  the  Boards  of  Trustees  of 
the  other  State  educational  institutions  enumerafr 
Section  1  of  this  Act.  The  existing  Board  of  Regents  and 
Boards  of  Trustees  of  said  educational  institutions  shall, 
upon  the  passage  and  approval  of  this  Act,  surrender  and 
transfer  to  the  State  Board  of  Education  and  Board  of 
Regents  of  the  University  of  Idaho,  all  duties,  rights,  pow- 


IDAHO   SCHOOL  LAWS.  7 

ers  and  immunities  granted  them  under  existing  laws  of 
this  State,  together  with  all  property,  deeds,  records,  re- 
ports and  appurtenances  of  any  and  all  kinds  now  held 
by  said  Boards  of  Regents  under  existing  laws ;  and,  there- 
upon, shall  cease  to  exist  as  provided  by  existing  laws; 
and  said  State  Board  of  Education  and  Board  of  Regents 
of  the  University  of  Idaho  shall  accept  and  assume  all 
such  rights,  duties,  powers,  immunities,  property,  deeds, 
records,  reports  and  appurtenances  aforesaid  and  hold  the 
same  until  the  provisions  of  this  Act  shall  have  been  amend- 
ed or  repealed.  Said  Board  shall  have  and  maintain  its 
office  at  the  State  Capitol. 

Laws  1913,  page  329,  Section  3. 

Removal  of  Members — Cause. 

Sec.  4.  The  Governor  of  Idaho  is  hereby  empowered  to 
remove  from  membership  on  said  Board  of  Education  and 
Board  of  Regents  of  the  University  of  Idaho,  any  member 
who  shall  have  proven  himself  to  be  guilty  of  gross  im- 
morality, malfeasance  in  office,  or  incompetency ;  but  no 
removal  for  personal  or  political  reasons  shall  be  valid  with- 
out the  concurrence  of  at  least  two-thirds  of  the  members  of 
the  Senate  of  this  State. 

Laws   1913,   page   329,   Section   4. 

Same — Meetings. 

Sec.  5.  Said  Board  of  Education  and  Board  of  Regents 
of  the  University  of  Idaho  shall  hold  two  regular  meetings 
annually  at  such  time  and  place  as  may  be  directed  by  said 
Board,  but  special  meetings  may  be  called  at  any  time  and  at 
a  place  designated  in  such  call  by  the  President. 

Laws   1913,  page   330,  Section   5. 

Expenses  and  Compensation  of  Members. 

Sec.  6.  The  members  of  said  Board  shall  be  paid  all 
necessary  personal  and  traveling  expenses  in  carrying  out 
the  provisions  of  this  Act,  and  shall  also  be  entitled  to 
receive  an  honorarium  of  One  Hundred  Dollars  ($100.00) 
per  year.  Said  remuneration  shall  be  allowed  and  paid 
in  accordance  with  law  and  from  any  funds  appropriated 
by  the  Legislature  for  the  maintenance  of  said  Board. 

Laws  1913,  page  330,  Section  5. 

Powers  and  Duties  of  Board. 

Sec.  7.  In  addition  to  the  powers  and  duties  provided 
in  Section  3  of  this  Act,  the  State  Board  of  Education  and 


8  IDAHO   SCHOOL  LAWS. 

Board  of  Regents  of  the  University  of  Idaho  shall  have  the 
following  special  duties,  powers  and  responsibilities,  to-wit : 

Laws  1913,  page  330,  Section  6. 

Same — Appointment  of  Commissioner — Qualifications — Removal. 

Sec.  7a.  It  shall  have  power  and  it  shall  be  its  duty 
to  appoint,  for  such  term  and  at  such  salary  as  it  may  desig- 
nate, a  Commissioner  of  Education,  and,  upon  recommenda- 
tion of  said  Commissioner  of  Education  may  appoint  such 
other  specialists,  assistants,  clerks  or  other  executive  offi- 
cers or  employees  as  in  its  judgment  the  execution  of  the 
work  of  the  Board  may  demand,  and  fix  the  salaries  of  the 
same.  Said  Commissioner  of  Education  shall  be  chosen  upon 
merit  and  because  of  his  special  fitness  to  propose  and  ex- 
ecute beneficial  educational  policies  for  the  general  super- 
vision, government  and  control  of  the  State  educational  in- 
stitutions and  public  schools  of  this  State.  The  State  Board 
of  Education  and  Board  of  Regents  of  the  University  of 
Idaho  shall  have  power,  upon  a  two-thirds  vote  of  its  mem- 
bership, to  dismiss  the  Commissioner  of  Education  for  cause 
as  defined  in  Section  4  of  this  Act. 

Laws   1913,   page   330,  Section   6    (1). 

Same — Rules  and  Regulations. 

Sec.  7b.  It  shall  have  power  to  make  rules  and  regu- 
lations for  its  own  government  and  for  the  government  of 
its  executive  officers.  It  shall  assign  them  their  functions 
and  duties,  direct  them  as  to  their  work  and  be  free  to 
change  such  assignments  and  directions  to  meet  the  neces- 
sities of  the  work  under  their  direction. 

Laws   1913,   page   330,   Section   6    (2). 

Same — Supervisory  Powers. 

Sec.  7c.  It  shall  determine  the  policy,  direct  the  work 
to  be  undertaken  and  appropriate  from  its  funds  the  money 
necessary  to  carry  out  such  work. 

Laws   1913,  page  330,  Section  6    (3). 

Same — Appellate  Body — Legislative  Body. 

/       Sec.  7d.     It   shall   constitute   a   final   court  of   appeal 

'in  all  educational  controversies,  shall  perform  legislative 

functions  not  inconsistent  with  law  and  shall  delegate  to  its 

executive  officers  the  execution  of  all  policies  decided  upon. 

Laws   1913,  page  330,  Section  6    (3). 

Same — Budget. 

Sec.  7e.     It  shall  prepare  a  budget  of  necessary  ex- 


IDAHO   SCHOOL  LAWS.  9 

penditures  for  the  proper  maintenance  of  the  department 
and  the  carrying  on  of  the  necessary  investigations  and 
present  the  same  to  the  Legislature  for  its  approval  and 
shall  have  control  of  all  moneys  so  appropriated. 

Laws  1913,  page  331,  Section  6   (3). 

Same — Delegation  of  Discretion  to  Experts. 

Sec.  If.  In  all  matters  which  involve  a  new  policy 
and  new  methods  for  procedure,  the  experts  shall  report 
back  to  the  Board  for  instructions;  but,  once  having  given 
these  instructions,  the  execution  of  them  shall  be  left  to  the 
experts  whom  the  Board  employs. 

Laws  1913,  page  331,  Section  6    (4). 

Executive  Officers — Powers  and  Duties. 

Sec.  8.  Acting  through  its  own  executive  officers,  the 
State  Board  of  Education  and  the  Board  of  Regents  of  the 
University  of  Idaho  shall, 

Laws   1913,  page   331,  Section  7. 

Same — In  General. 

Sec.  8a.  Perform  all  duties  prescribed  by  the  State 
School  laws  of  this  State,  not  inconsistent  with  the  pro- 
visions of  this  Act ; 

Laws  1913,  page  331,  Section  7   (1). 

Same — General  Supervision  of  Schools. 

Sec.  8b.  Exercise  supervision  and  inspection  over  all 
departments  of  public  education  supported  in  whole  or  in 
part  by  State  funds  of  this  State,  enforce  the  school  laws 
of  the  State; 

Laws  1913,  page  331,  Section  7   (1). 

Same — Recommendations  to  Legislature. 

Sec.  8c.  Study  the  educational  conditions  and  needs 
of  the  State;  and  approve  all  proposed  changes  or  addi- 
tions to  existing  school  laws  and  recommend  to  the  Legis- 
lature all  such  needed  changes  in  existing  laws  or  addi- 
tional legislation. 

Laws  1913,  page  331,  Section  7   (1). 

Same — To  Prepare  Budget  for  Legislature. 

\  Sec.  8d.  It  shall,  prior  to  each  meeting  of  the  State 
Legislature  and  in  ample  time  for  due  consideration  by 
said  Legislature,  prepare  a  financial  budget  setting  forth  the 
financial  needs  of  all  State  educational  institutions  under 


10  IDAHO   SCHOOL   LAWS. 

its  supervision  and  control  for  th'e  period  for  which  appro- 
priations are  to  be  made. 

Laws  1913,  page  331,  Section  7   (2). 

Same — Supervision  of  School  Expenditures, 

Sec.  8e.  It  shall  supervise,  direct  and  control  all 
expenditures  of  funds  appropriated  for  the  maintenance 
and  improvement  of  State  Educational  Institutions  as  desig- 
nated in  Section  1  of  this  Act. 

Laws  1913,  page  331,  Section  7    (2). 

Sajrfe — Supervision  of  Buildings  and  Constructions. 

Sec.  8f.  It  shall  supervise,  direct  and  control  all 
^  plans  and  specifications  for  such  improvements,  including 
construction  or  alteration  of  buildings,  equipment,  fixtures, 
apparatus  and  supplies,  and  through  its  proper  executive 
officers  superintend  the  construction  work  connected  with 
such  improvements. 

Laws  1913,  page  331,  Section  7   (2). 

Same — Supervision  of  Courses  of  Study  In  State  Institutions. 

Sec.  8g.  It  shall  classify,  standardize  and  define  the 
limits  of  all  instruction  in  the  State  Educational  Institutions 
of  the  State  and  promote  the  efficiency,  harmonize  the  educa- 
tional interests  and,  so  far  as  practicable,  prevent  wasteful 
duplication  of  effort  in  such  institutions. 

Laws  1913,  page  331,  Section  7  (3). 

Same — Minimum  Course  of  Study  in  Public  Schools. 

Sec.  8h.  It  shall  prescribe  the  minimum  course  of 
study  for  the  public  schools  of  the  State. 

Laws  1913,  page  331,  Section  7  (3). 

Same — Supervision  of  Text  Books. 

Sec.  8i.  It  shall  determine  how  and  under  what 
regulations  text  books  shall  be  adopted  for  the  use  of  such 
schools;  determine  whether  or  not  text  books  shall  be  free 
and  prescribe  the  regulations  under  which  such  text  books 
may  be  provided. 

Laws  1913,  page  331,  Section  7  (3). 

Same — Supervision  of  Summer  Normal  Schools. 

Sec.  8j.  It  shall  supervise,  govern  and  direct  the 
work  of  the  State  Summer  Normal  Schools  and  Teachers' 
Institutes;  decide  as  to  the  number  and  location  of  such 
schools  and  Teachers'  Institutes ;  establish  or  approve  pro- 
fessional schools  in  accordance  with  law  and  determine  the 


IDAHO   SCHOOL   LAWS.  11 

credit  which  may  be  granted  for  all  work  done  in  such 
schools. 

Laws  1913,  page  332,  Section  7   (4). 

Same — Certification  of  Teachers. 

Sec.  8k.  Shall  have  entire  supervision  and  control  of 
the  certification  of  teachers  in  accordance  with  law  and 
shall  have  authority  to  modify  or  simplify  at  its  discretion 
1  he  procedure  in  carrying  out  the  provisions  of  law. 

Laws  1913,  page  332,  Section  7  (5). 

Same — State  Library  Commission. 

Sec.  81.  Supervise,  govern  and  direct  the  State  Library 
Commission  and  adopt  such  regulations  for  its  administra- 
tion as  may  contribute  to  its  efficiency  in  the  service  of  the 
people  and  in  promoting  the  educational  welfare  of  the 
State. 

Laws   1913,  page   332,  Section  7    (6). 

Same — Conservation  of  Health. 

Sec.  8m.  In  co-operation  with  other  departments  of 
the  State  Government,  the  Board  shall  see  to  it  that  the 
rules  relating  to  schools,  health,  compulsory  education,  child 
labor  and  child  conservation  are  enforced,  and,  in  addition, 
thall  plan  an  active  campaign  for  the  public  conservation 
of  childhood. 

Laws  1913,  page  332,  Section  7   (7). 

Same — Health  Supervision. 

/  Sec.  8n.  In  co-operation  with  the  State  Board  of 
Health,  shall  standardize  sanitary  appliances,  school  furni- 
ture, school  equipment  and  supplies  and  school  buildings; 
shall  provide  for  an  efficient  system  of  health  supervision, 
medical  inspection  and  physical  development  work  in  all 
public  schools,  and  prepare  and  adopt  such  rules  and  regu- 
lations as  will  provide  for  the  effective  administration  of 
such  system.  It  shall,  if  deemed  advisable,  set  aside  such 
school  funds  as  may  be  found  necessary  to  prop'erly  adminis- 
ter such  system. 

Laws  1913,  page  332,  Section  7  (8). 

Same — Reports  of  Schools. 

Sec.  80.  It  shall  standardize,  approve  or  compile 
and  adopt  for  use  in  all  State  institutions  and  public  schools 
of  the  State  ,a  system  of  reports  covering  all  essential  phases 
of  administration  of  such  educational  work  and  shall  en- 
force the  use  of  such  adopted  forms  for  reports. 

Laws  1913,  page  332,  Section  7   (9). 


12  IDAHO   SCHOOL  LAWS. 

Same — Publication  of  Keports  and  Statistical  Tables. 

Sec.  8p.  At  such  times  as  may  be  deemed  advisable, 
and  consistent  with  its  financial  ability  so  to  do,  it  shall  pre- 
pare and  order  published  such  reports,  including  statistical 
tables,  as  may  constitute  a  contribution  to  the  general  edu- 
cational welfare  of  the  State,  and  shall  provide  for  the 
distribution  of  the  same. 

Laws  1913,  page  332,  Section  7  (10). 

Annual  Eeport  of  State  Board  of  Education — Recommendations. 

Sec.  9.  The  president  and  secretary  of  said  State  Board 
of  Education  and  Board  of  Regents  of  the  University  of 
Idaho  shall,  on  the  first  day  of  January  of  each  year,  trans- 
mit to  the  Governor  of  the  State,  and  to  the  Legislature 
at  its  regular  session,  a  report  of  the  doings  of  said  Board, 
setting  forth  a  full  report  of  the  expenditures  of  the  same 
for  the  previous  year,  giving  each  item  in  full,  and  the  date 
thereof,  and  such  recommendations  as  they  deem  proper 
for  the  good  of  the  State  educational  institutions  and  public 
schools  of  the  State. 

Laws  1913,  page  332,  Section  8. 

Annotator's  Note:  The  annotator  has  omitted  from  this  compilation 
Article  1  of  Chapter  159  of  the  Session  Laws  of  1911,  being  Sections 
2  to  18  thereof,  on  the  ground  that  the  powers  exercised  by  the  State 
Board  of  Education  under  the  terms  of  Chapter  77  of  the  Session  Laws 
of  1913  cover  all  powers  given  the  Board  as  it  existed  prior  to  the 
amendment  of  Section  2,  Article  9  of  the  Constitution. 

Sections  9  to  11  of  Chapter  77  of  the  Session  Laws  of  1913  have  been 
omitted  as  being  merely  formal  sections  of  the  Act,  and  not  relevant 
here. 

AKTICLE  II. 

STATE  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION. 

Section.  Section. 

19.  Election:  Qualifications:  22c.   Same:     Financial   report  on 

Bond:    Oath  of  office.  schools:          Recommenda- 

20.  Office:      Duties:      Seal.  tions. 

21.  Meetings  with  Superintend-  22d.   Same:  Inspection          of 

ents.  schools:      Correspondence 

22a.   Duties   in   general:     Execu-  with  other  states. 

tive  Officer  State  Board  of  22e.   Expenses   of  State  Superin- 

Education.  tendent. 
22b.   Same:    Printing  of  supplies 

and  laws. 

Election — Qualifications — Bond — Oath  of  Office. 

Section  19.  There  shall  be  elected  biennially,  by  the 
qualified  electors  of  the  State,  a  State  Superintendent  of 
Public  Instruction,  who  shall  reside  at  the  seat  of  govern- 
ment, and  shall  perform  such  duties  as  are  prescribed  by 


IDAHO   SCHOOL   LAWS.  13 

the  constitution  and  laws  of  the  State.  No  person  shall  be 
a  candidate  for  the  office  of  State  Superintendent  who  does 
not  hold  a  valid  State  or  State  Life  Certificate,  and  who  is 
not  at  the  time  of  nomination  a  graduate  of  an  approved 
normal  school,  college,  or  university  as  determined  by  the 
State  Board  of  Education,  and  is  also  actively  engaged  in 
educational  work  in  the  State  public  schools  or  in  the 
State  educational  institutions.  Before  entering  upon  the 
duties  of  his  office,  the  State  Superintendent  of  Public  In- 
struction shall  take  and  subscribe  to  the  oath  prescribed  by 
the  constitution,  and  execute  a  bond  in  the  penal  sum  of 
Two  Thousand  Dollars  ($2,000.00),  payable  to  the  State 
of  Idaho,  with  sureties  to  be  approved  by  the  Governor, 
conditioned  upon  the  faithful  performance  of  his  official 
duties,  and  the  delivery  to  his  successor  of  all  books, 
papers,  documents  or  other  property  belonging  to  the  office. 
Said  bond  and  oath  shall  be  deposited  with  the  Secretary  of 
State. 

Laws   1913,   page   435.     Formerly  Laws   1911,  page   489. 

Office — Duties — Seal. 

Sec.  20.  He  shall  have  an  office  at  the  Capitol,  where  a 
seal  shall  be  kept  which  shall  be  the  official  seal  of  the  State 
Board  of  Education  by  which  all  official  acts  may  be  au- 
thenticated, and  all  records,  books  and  papers  pertaining 
to  the  business  of  this  office.  He  shall  file  all  papers,  reports 
and  public  documents  transmitted  to  him  by  the  County 
Superintendents  of  the  several  counties,  and  hold  the  same 
in  readiness  to  be  exhibited  to  the  Governor,  or  to  any 
Committee  of  any  House  of  the  Legislature,  or  to  any  citi- 
zen of  the  State. 

Laws   1911,  page   490. 

Cross  References:     Const.  Art  4,  Sec.  1. 

Salary:     Revised  Codes,  Sec.   274. 

Meetings  With  Superintendents. 

Sec.  21.  He  shall  summon  the  County  Superintendents, 
or  the  City  Superintendents  and  District  Principals  of  Grad- 
ed Schools,  of  each  judicial  district,  or  of  two  or  more  dis- 
tricts combined,  to  meet  jointly  or  separately  at  such  time 
and  place  as  he  shall  appoint,  giving  them  due  notice  of 
such  meeting.  The  object  of  such  meetings  shall  be  to  dis- 
cuss school  organization,  school  supervision,  and  such  other 
matters  as  may  properly  come  before  such  meetings. 

The  term  "District  Principal"  means  the  head  teacher 
of  a  graded  school  of  four  or  more  teachers,  but  smaller 
than  a  Class  A  Independent  District  school,  whether  such 


14  IDAHO   SCHOOL  LAWS. 

school  be   maintained   under    Article   V  or   under  Article 
XIII  of  this  Act. 

Laws  1911,  page  490. 

Duties  in  General — Executive  Officer  State  Board  of  Education. 

Sec.  22a.  He  shall  be  the  executive  officer  of  the 
State  Board  of  Education  and  shall  enforce  their  rules  and 
regulations,  and  as  such  executive  officer  shall  see  that  all 
matters  requiring  the  decision  of  the  Board  are  promptly 
placed  before  them  for  decision,  anl  shall  faithfully  execute 
all  duties  devolving  upon  said  Board  through  their  'execu- 
tive officer. 

Laws  1911,   page  490. 

Same — Printing  of  Supplies  and  Laws. 

Sec.  22b.  He  shall  prepare,  have  printed  and  fur- 
nished, through  the  County  Superintendents,  to  all  officers 
charged  with  the  administration  of  the  laws  relating  to 
the  public  schools,  and  to  teachers,  such  blank  forms  and 
books  as  are  needed  or  required  to  be  used  in  the  discharge 
of  their  duties.  He  shall  have  the  law  relating  to  the  pub- 
lic schools  printed  in  pamphlet  form  and  shall  supply 
school  officers,  school  libraries  and  State  libraries  with 
one  copy  each  of  said  pamphlets;  said  printing  to  be  paid 
for  on  the  warrant  of  the  Auditor  out  of  the  general  fund, 
on  bills  approved  by  the  State  Board  of  Examiners. 

Laws   1911,   page   490. 

Same — Financial  Report  on  Schools — Recommendations. 

Sec.  22c.  He  shall,  on  or  before  the  first  day  of 
December  in  every  year  preceding  a  regular  session  of  the 
Legislature,  report  to  the  Governor  the  condition  of  the  pub- 
lic schools,  the  amount  of  the  State  School  Fund  apportioned 
and  sources  from  which  derived,  with  such  suggestions  and 
recommendations,  relating  to  the  affairs  of  his  office  as  he 
may  think  proper. 

Laws  1911,  page  491. 

Same — Inspection  of  Schools — Correspondence  With  Other  States. 

Sec.  22d.  It  shall  be  his  duty  to  visit  annually  such 
counties  of  the  State  as  most  need  his  personal  attention, 
and  all  counties  if  practicable,  for  the  purpose  of  inspecting 
the  schools  and  awakening  and  guiding  public  sentiment  in 
relation  to  the  practical  interests  of  education.  He  shall 
open  such  correspondence  as  may  enable  him  to  obtain  all 
necessary  information  relating  to  the  system  of  public  educa- 
tion in  other  states. 

Laws  1911,  page  491. 


IDAHO   SCHOOL  LAWS. 


15 


Expenses  of  State  Superintendent. 

Sec.  22e.  All  office,  fuel,  furniture,  books,  postage, 
stationery  and  other  contingent  expenses  pertaining  to  his 
office,  shall  be  furnished  in  the  same  manner  as  those  of 
other  departments  of  the  State  government. 

Laws  1911,  page  491. 

ARTICLE  HI. 
BOARD  OF  TEXT  BOOK  COMMISSIONERS. 

Annota tor's  Note:  Article  III  of  Chapter  159,  Laws  1911,  which  pro- 
vided for  the  appointment  of  a  text  book  commission  and  defined  its 
powers  and  duties  was  repealed  by  the  Laws  of  1913,  page  452.  The 
powers  given  said  text  book  commission  as  to  text  books  were  given 
to  the  State  Board  of  Education  created  by  the  Laws  of  1913,  page 
328.  See  Section  8  of  this  compilation.  Sections  23  to  34  inclusive, 
therefore,  do  not  appear  in  this  compilation. 


ARTICLE  IV. 

COUNTY  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION. 


Section. 

40.  Same:  Records:  Register  of 

teachers:    Instructions    of 
State  Board  of  Education. 

41.  Same:     Teachers'    examina- 

tions:     Permits. 

42.  Same:      Expenses  of  exam- 

inations. 

43a.  Same:  Annual  report  to 
State  Superintendent. 

43b.  Same:  School  district  boun- 
daries. 

44.  Same:        Appointment        of 

school  trustees. 

45.  Same:    Failure  to  make  an- 

nual report:      Penalty. 


Section. 

35.  Election:    Residence:    Term 

of  office. 

36.  Oath:   Bond:   Qualifications. 
37a.  Duties:         Supervision        of 

schools:  Class  A  Inde- 
pendent districts  exempt- 
ed. 

37b.  Same:  Supervision  by  State 
Board  of  Education. 

37c.   Same:     Teachers'    meetings. 

37d.  Same:     Office   days. 

37e.  Same:  Assistants:  Office 
hours. 

38.  Same:  Office:     Supplies. 

39.  Same:  Supervision  of  build- 

ings: Sanitation  and 
equipment  of  school  prop- 
erty. 

Election — Residence — Term  of  Office. 

Section  35.  There  shall  be  elected  in  each  county  in 
the  State  of  Idaho,  at  the  general  election,  a  Superintend- 
ent of  Public  Instruction,  who  shall  reside  at  the  county 
seat  of  the  county  in  which  he  is  elected,  and  who  shall 
hold  his  office  for  a  term  of  two  (2)  years,  from  and  after 
his  taking  charge  of  the  same,  and  until  his  successor  has 
been  elected  and  qualified. 

Laws  1911,  page  496. 

Cross  References:     Const.  Art.  18,  Sec.  6,  Amended  Laws  1913,  page 
677. 

Salary:     Laws  1911,   page   346. 


16  IDAHO   SCHOOL   LAWS. 

Oath — Bond — Qualifications. 

Sec.  36.  Before  entering  upon  the  duties  of  his  of- 
fice, the  County  Superintendent  of  Public  Instruction 
shall  take  and  subscribe  the  oath  prescribed  by  law,  and 
execute  a  bond,  payable  to  the  State  of  Idaho,  with  two 
(2)  or  more  sureties  to  be  approved  by  the  Board  of 
County  Commissioners,  in  the  penal  sum  of  not  less  than 
Two  Thousand  Dollars  ($2,000.00),  conditioned  upon  the 
faithful  performance  of  his  official  duties,  and  the  de- 
livery of  all  moneys  and  property  received  by  him  as  such 
superintendent  to  his  successor  in  office,  which  official 
bond,  together  with  his  official  oath,  shall  be  filed  in  the 
office  of  the  County  Recorder,  not  later  than  the  second 
Monday  in  January,  next  after  election;  Provided,  That 
no  person  shall  be  eligible  to  the  office  of  County  Superin- 
tendent of  Public  Instruction  unless  he  be,  at  the  time  of 
his  nomination  or  appointment  a  qualified  'elector  of  the 
county  from  which  he  is  nominated  or  appointed,  of  the 
age  of  twenty-five  (25)  years,  a.  holder  of  a  State  or  State 
Life  Certificate,  a  teacher  of  not  less  than  two  years'  act- 
ual experience  and  service  as  a  teacher  in  the  schools  of 
Idaho,  one  of  which  year's  experience  must  have  been 
while  holding  a  valid  certificate  of  a  grade  not  lower  than 
a  State  certificate;  all  of  which  aforesaid  qualifications 
must  be  in  force  at  the  time  of  nomination  or  appointment. 

Laws  1913,  page  435.     Formerly  Laws  1911,  page  496. 

Duties — Supervision    of    Schools — Class    A    Independent    Districts 
Exempted. 

Sec.  37'a.  The  County  Superintendent  of  Public  In- 
struction shall  have  charge  and  supervision  of  the  public 
schools  of  his  county  with  the  exception  of  the  Class  A  In- 
dependent School  Districts,  and  it  shall  be  his  duty  to  visit 
the  other  public  schools  in  the  county  at  least  once  during 
each  school  year  and  remain  at  said  public  school  at  least 
one-half  (1-2)  day;  at  such  visits,  he  shall  carefully  observe 
the  methods  employed  by  the  teacher  in  giving  instruction 
in  the  several  branches  taught;  the  manner  of  discipline 
and  government,  the  classification  of  the  pupils,  and 
general  management  of  the  school,  and  shall  give  the  school 
such  instruction  and  encouragement  as  he  deems  for  the  best 
interests  of  all  concerned,  and  he  shall  make  such  sugges- 
tions to  the  teacher  in  private  as,  in  his  judgment,  will 
render  the  said  teacher  more  efficient,  and  promote  the 
general  educational  interests  of  the  district. 

Laws  1911,  page  497. 


IDAHO   SCHOOL   LAWS.  17 

Same — Supervision  By  State  Board  of  Education. 

Sec.  37b.  He  shall  perform  such  other  supervisory 
duties  as  shall  be  directed  by  the  State  Board  of  Education. 

Laws  1911,  page  497. 

Same — Teachers'  Meetings. 

Sec.  37c.  It  shall  be  his  further  duty  to  organize  a 
meeting  of  the  teachers  of  the  schools  under  his  supervision, 
for  the  purpose  of  exchangeing  ideas  of  professional  interest, 
for  the  study  of  methods,  and  for  general  culture. 

Laws  1911,  page  497. 

Same — Office  Days. 

Sec.  37d.  The  County  Superintendent  shall  desig- 
nate at  least  five  (5)  days  in  the  month  when  he  may  be 
found  in  his  office. 

Laws  1911,  page  497. 

Same — Assistants — Office  Hours. 

Sec.  37e.  The  County  Superintendent  shall  be  em- 
powered to  employ  such  assistant  or  assistants  as  the  work 
of  his  office  may  require,  said  assistant  or  assistants  shall 
receive  such  remuneration  as  may  be  fixed  by  the  Board  of 
County  Commissioners,  which  remuneration  shall  be  paid 
quarterly  in  the  same  manner  as  the  salaries  of  county  of- 
ficers are  paid.  The  County  Superintendent  shall  ke(ep  his 
office  open  from  nine  (9)  o'clock  A.  M.  until  five  (5) 
o'clock  P.  M.  each  week  day. 

Laws  1911,  page  497. 

Cross  Reference:  Power  to  appoint  deputies.  See  Const.  Art.  18, 
Sec.  6,  amended  Laws  1913,  page  678. 

No  county  officers  save  sheriff,  assessor,  auditor,  recorder,  clerk  of 
the  district  court  and  treasurer  are  entitled  to  deputies  and  clerical 
assistance  at  the  expense  of  the  county. 

Fremont  County  vs.  Brandon,  6  Ida.  482;  56  Pac.  264. 

Same — Office — Supplies. 

Sec.  38.  The  County  Commissioners  shall  furnish  the 
County  Superintendent  of  Public  Instruction  with  an  office 
in  the  county  seat,  shall  furnish  him  with  all  necessary  of- 
fice furniture,  including  seal,  blank  books,  stationery,  post- 
age, expressage,  all  blanks  necessary  for  his  office,  and  all 
blank  books  and  blanks  necessary  for  the  use  of  the  trustees 
and  teachers  in  the  discharge  of  their  respective  official 
duties  within  his  county ;  Provided :  That  the  forms  used  for 
all  such  blank  books  and  records  shall  be  such  as  are  pre- 
scribed by  the  State  Board  of  Education. 

Laws  1911,  page  498. 


18  IDAHO   SCHOOL  LAWS. 

Same — Supervision    of   Buildings — Sanitation   and   Equipment    of 
School  Property. 

Sec.  39.  He  shall  have  power  to  require  the  trustees  in 
any  district  to  conform  to  the  rules  and  regulations  pre- 
scribed by  the  State  Board  of  Education  providing  for  the 
erection,  equipment,  sanitation  and  care  of  public  school 
property;  Provided:  That  there  is  a  sufficient  amount  of 
money  in  the  treasury  to  the  credit  of  the  district  to  put  into 
effect  the  requirements  of  this  Section. 

Laws  1911,  page  498. 

Same — Eecords — Register  of  Teachers — Instructions  of  State  Board 
of  Education. 

Sec.  40.  He  shall  keep  a  complete  record  of  all  his  of- 
ficial acts;  preserve  all  blanks,  maps,  charts  and  apparatus 
sent  him  as  such  officer,  and  file  all  papers,  reports  and  state- 
ments from  teachers  and  school  boards;  keep  a  register 
of  all  teachers  employed  in  his  county,  giving  name  of  teach- 
er, number  of  district,  salary  per  month,  grade  of  certificate, 
and  date  of  superintendent's  visit.  He  shall  obey  the  legal 
instruction  of  the  State  Board  of  Education. 

Laws  1911,  page  498. 

Same — Teachers'  Examinations — Permits. 

Sec.  41.  He  shall  hold  four  (4)  regular  examinations 
in  each  year  as  provided  in  Section  89,  Article  10  of  this 
Act  for  the  purpose  of  examining  all  persons  who  may  offer 
themselves  as  teachers  in  the  public  schools.  It  shall  be  the 
duty  of  the  County  Superintendent  to  give  at  least  fifteen 
(15)  days'  notice  before  all  regular  public  examinations  in 
some  newspaper  published  in  the  county.  He  shall  have 
authority  to  issue  permits  in  accordance  with  the  provisions 
of  this  Act. 

Laws  1911,  page  498. 

Same — Expenses  of  Examinations. 

Sec.  42.  The  County  Superintendent  shall  be  allowed 
all  necessary  expenses  incurred  in  holding  examinations  for 
teachers  and  eighth  grade  pupils,  for  blanks,  books,  station- 
ery, pens,  ink,  and  for  assistance  in  grading  eighth  grade 
examination  papers,  such  assistants  not  to  exceed  two  (2) 
in  number,  who  shall  receive  as  compensation  Four  Dollars 
($4.00)  per  day,  such  expense  to  be  paid  out  of  the  current 
expense  fund  of  the  county. 

Laws  1911,  page  498. 


IDAHO   SCHOOL   LAWS.  19 

Same — Annual  Report  to  State  Superintendent. 

Sec.  43a.  He  shall,  on  or  before  the  first  day  of 
October  in  each  year,  make  and  transmit  an  annual  report 
to  the  State  Superintendent  for  the  fiscal  year  ending  June 
30,  next  preceding,  which  report  shall  contain  an  abstract 
of  all  reports  made  to  him  by  the  district  clerks  of  the 
several  districts  of  the  county,  together  with  such  statis- 
tics, items  and  statements,  relative  to  the  schools  of  the 
county,  as  may  be  required  and  prescribed  by  the  State 
Superintendent.  Such  reports  shall  be  made  upon  and 
conform  to  the  blanks  furnished  by  the  State  Board  of 
Education  for  that  purpose. 

Laws   1911,   page   499. 

Cross  Reference:    Failure  to  report:   Penalty.     See  Sec.   45. 

Same — School  District  Boundaries. 

Sec.  43b.  He  shall  require  and  ascertain  whether  the 
boundaries  of  the  school  districts  in  his  county  are  definite- 
ly and  plainly  described  in  the  records  of  the  Clerk  of  the 
Board  of  County  Commissioners,  and  keep  in  his  office  a 
full  and  correct  transcript  of  such  boundaries.  In  case  the 
boundaries  of  districts  are  conflicting  or  incorrectly  de- 
scribed, he  shall  report  such  fact  to  the  Board  of  County 
Commissioners  at  their  regular  meeting  in  July,  and  such 
Board  shall  immediately  take  such  steps  as  are  necessary 
to  change,  harmonize,  and  clearly  define  them.  The  County 
Superintendent,  if  he  deem  it  necessary  for  the  guidance 
of  school  census  marshals,  may  order  th'e  description  of  the 
district  boundaries  printed  in  pamphlet  form,  to  be  paid 
out  of  current  expense  fund  of  the  county. 

Laws   1911,  page   499. 

Same — Appointment  of  School  Trustees. 

Sec.  44.  The  County  Superintendent  shall  appoint 
trustees  for  all  newly  organized  school  districts,  who  shall 
serve  until  the  next  regular  election,  and  shall  fill  all  vacan- 
cies that  may  occur  in  the  Board  of  Trustees  of  a  district  by 
reason  of  death,  resignation  or  otherwise,  and  such  appoint- 
ment shall  hold  until  the  next  regular  election. 

Laws   1911,   page   499. 

Cross  Reference:     Election   of  trustees.      See   Sec.    54b. 

Same — Failure  to  Make  Annual  Report — Penalty. 

Sec.  45.  If  the  County  Superintendent  fails  to  make 
a  full  and  correct  report  to  the  State  Superintendent  of 
Public  Instruction  of  all  statements  required  by  law  to  be 
made,  he  forfeits  the  sum  of  One  Hundred  Dollars  ($100.) 


20 


IDAHO   SCHOOL  LAWS. 


from  any  moneys  due  him  from  the  county,  and  the  Board 
of  County  Commissioners  is  hereby  authorized  and  required 
to  deduct  therefrom  the  sum  aforesaid  upon  information 
from  the  State  Superintendent  of  Public  Instruction,  that 
such  reports  have  not  been  made. 

Laws  1911,  page  499. 

Cross  Reference:  Annual  report  to  State  Superintendent.  See  Sec. 
43a. 

ARTICLE  V. 
SCHOOL  DISTRICTS. 

(For   Independent   School    Districts   see   Article   XIII.) 

Article  V  applies  only  to  Common  School  Districts,  and  in  no  sense 
to  Independent  School  Districts.  Wood  vs.  Independent  School  District, 
21  Ida.  734;  124  Pac.  780. 


Section. 

46.  School  districts:  Corporate 
name. 

47a.  Creation  and  change  of 
boundaries  of  school  dis- 
tricts: Petition. 

47b.  Petition  for  creation  of 
district:  Signers. 

47c.  Consolidated  districts:  For- 
mation: Apportionment. 

47cc.  Division  and  change  of 
boundaries  of  districts: 
Limitation. 

47d.  Pupils  attendance  in  other 
than  home  district. 

48.  Notice     of     filing     of     peti- 

tion:      Duty     of     County 
Superintendent. 

49.  Petition:    Action  of  County 

Commissioners. 


Section. 

49a.  Consolidation  with  Inde- 
pendent School  Districts. 

49b.   Same:      Election. 

49c.   Same. 

49d.  Consolidated  districts  be- 
come Independent  Dis- 
tricts. 

49e.   Same:      Directors. 

50.  Joint    districts:    Formation: 

Corporate  name. 
50a.  Same:      Joint    Independent 

and    Rural    High    School 

districts. 
5 Ob.   Same:    Division  by  creation 

of  county. 

51.  Apportionment  to  new  dis- 

tricts. 

52.  Lapsed    districts:      Sale    of 

property. 


School  Districts — Corporate  Name. 

Section  46.  Each  regularly  organized  school  district 
in  this  State  is  hereby  declared  to  be  a  body  corporate  by 

the  name  and  style  of  "School  District  Number , 

in  the  County  of State  of  Idaho;"  and 

in  that  name  the  trustees  may  sue  and  be  sued,  hold  and 
convey  property  for  the  use  and  benefit  of  such  district, 
and  make  contracts  the  same  as  municipal  corporations  in 
this  State. 

Laws  1911,  page   500. 

A  school  district  is  not  a  municipal  corporation  within  the  meaning 
of  Section  6,  Article  7  of  the  Constitution. 

Fenton  vs.  Board,  20  Ida.  392;  119  Pac.  41. 

A  school  district  is  not  a  municipal  corporation  within  the  meaning 
of  the  "Anti-Nepotism  Act"  of  1915,  Laws  of  1915,  page  40. 

Barton  vs.  Alexander,   27   Ida.  — . 

Creation  and  Change  of  Boundaries  of  School  Districts — Petition. 

Sec.  47a.  The  Board  of  County  Commissioners  may, 
at  any  regular  meeting  of  said  Board,  create  new  districts, 
or  change  the  boundaries  of  existing  districts,  or  attach  to 


IDAHO   SCHOOL   LAWS.  21 

one  or  more  districts,  the  territory  of  any  district  which  shall 
have  lapsed  for  any  reason.  All  proceedings  under  this  Sec- 
tion shall  be  commenced  by  petition,  which  must  be  filed  in 
the  office  of  the  County  Superintendent  at  least  twenty  (20) 
days  preceding  the  meeting  of  the  Board  of  Commissioners, 
at  which  it  is  to  be  presented.  All  petitions,  either  for  the 
formation  of  a  new  district  or  any  other  change  of  bound- 
aries, shall  set  forth  in  general  terms  the  proposed  changes 
and  shall  be  accompanied  by,  and  refer  to,  a  map  showing 
all  existing  boundaries  of  districts  affected  and  all  proposed 
new  boundaries  which  will  be  established  by  the  granting 
of  such  petition. 

Laws  1913,  pages  436  and  462.     Formerly  Laws  of  1911,  page  500. 

Annota tor's  Note:  The  above  section  was  twice  amended  in  1913, 
but  as  subdivision  (a)  is  the  same  in  both  amendments,  reference  to 
both  is  made. 

The  County  Commissioners  have  no  authority  under  this  section  to 
change  the  boundaries  of  or  divide  Independent  School  Districts. 

Wood  vs.  Independent  School  District,  21  Ida.  734;  124  Pac.  780. 

The  Board  of  County  Commissioners  of  a  county  in  which  a  portion 
of  a  joint  school  district  is  situated  have  authority,  under  this  section, 
to  create  a  common  school  district  out  of  such  portion. 

Bobbitt  vs.  Blake,  25  Ida.  53;   136  Pac.  211. 

A  new  school  district  created  out  of  an  existing  district  should  not 
be  charged  with  any  of  the  bonds  of  the  old  district,  nor  should  the 
County  Superintendent  apportion  any  of  such  bonds  to  the  new  district. 

Opinion  Attorney  General  D.  L.   Rhodes,   9-10-' 14. 

Petition  For  Creation  of  District — Signers. 

Sec.  47b.  A  petition  for  a  new  district  to  be  created 
out  of  unorganized  territory,  or  to  be  created  by  the  division 
of  one  district  only,  shall  be  sufficient  if  signed  by  the  par- 
ents or  guardians  of  ten  (10)  or  more  children  of  school 
age  who  are  residents  of  the  proposed  new  district,  and 
no  further  signers  shall  be  required.  In  all  other  cases — 
excepting  a  proposed  union  of  contiguous  districts; — pro- 
posing a  change  of  boundaries  of  any  district,  the  petition 
therefor  must  be  signed  by  at  least  two-thirds  (2-3)  of 
those  who  are  heads  of  families  and  residents  of  each  of 
the  districts  whose  boundaries  will  be  affected  by  Jthe 
change.  No  such  change  of  boundaries  or  organization  of 
a  new  district  shall  take  effect  until  the  opening  of  the 
next  school  year,  to-wit,  the  second  Monday  of  September 
following  said  organization. 

Laws   1913,   page    436.      Formerly  Laws    1911,   page   500. 

Annotator's  Xote:  The  later  amendment  of  this  section  found  at 
page  463  of  the  1913  Laws  is  thought  not  to  be  in  effect.  This  amend- 
ment gave  to  the  County  Commissioners  authority  to  change  the 
boundaries  of  and  divide  Independent  School  Districts,  upon  petition 
and  without  a  vote  of  the  district.  This  in  effect  was  an  amendment 
(but  without  reference  thereto  either  in  the  title  or  body  of  the  act) 
of  Article  XIII  hereof,  which  the  Supreme  Court  in  Wood  vs.  Independ- 


22  IDAHO   SCHOOL  LAWS. 

ent  School  District,  21  Ida.  734;  124  Pac.  780,  held  governed  Independ- 
ent School  Districts  to  the  exclusion  of  Article  V  in  which  this  section 
appears.  Laws  of  1913,  page  463,  and  Article  XIII  of  the  School  Code 
(Laws  1911,  Chapter  159)  are  in  direct  conflict,  and  upon  the  reason- 
ing of  the  Supreme  Court  in  the  case  above  cited  it  is  thought  that 
Article  XIII  is  controlling.  The  dicta  of  the  Supreme  Court  in  School 
District  vs.  Elaine  County,  26  Ida.  285;  142  Pac.  41,  is  thought  to  have 
been  given  without  its  attention  being  directed  to  the  above  conflict. 
For  these  reasons  the  Attorney  General  has  held  that  the  amendment 
to  Section  47b  appearing  at  page  463  of  the  1913  Session  Laws  is  void. 

For  the  purpose  of  voting  bonds  to  build  and  equip  a  school  house 
the  organization  of  a  school  district  is  complete  as  soon  as  the  order 
of  the  County  Commissioners  is  made,  and  it  is  not  necessary  to  wait 
until  the  opening  of  the  next  school  year. 

Opinion  Attorney  General  J.  L.  Richards,  ll-6-'13. 

Consolidated  Districts — Formation — Apportionment. 

Sec.  47c.  Two  or  more  districts  lying  contiguous 
may,  upon  petition  of  a  majority  of  the  heads  of  families 
residing  in  each  of  said  districts,  be  united  to  constitute  one 
(1)  district.  Such  districts  when  so  united  to  constitute 
one  district,  and  all  school  districts,  whether  they  have 
been  made  up  by  uniting  several  districts  or  where  they 
constitute  one  large  district,  maintaining  a  central  school 
and  also  schools  in  other  parts  of  the  district  are  hereby 
defined  to  be  a  consolidated  school  district.  Provided, 
further,  That  in  consolidated  school  districts  the  Board 
of  Trustees  may,  at  their  discretion  when  found  neces- 
sary, provide  for  the  conveyance  of  pupils  living  in  dis- 
tant and  remote  parts  of  the  district  to  the  respective  school 
and  pay  for  the  same  out  of  the  moneys  obtained  from  the 
regular  school  levy. 

For  the  purpose  of  uniformity  and  apportionment,  all 
plans  for  and  of  existing  consolidated  school  districts,  and 
those  hereafter  to  be  consolidated,  shall  be  submitted  to 
the  State  Board  of  Education  for  indorsement,  and  no 
school  district  or  districts  shall  be  regarded  or  treated  as 
a  consolidated  district,  or  receive  its  apportionment  under 
Section  67  of  Chapter  159  of  the  1911  Session  Laws,  unless 
it  receives  such  indorsement.  The  said  indorsement  shall  be 
made  a  matter  of  record  in  the  office  of  the  State  Board  of 
Education  and  in  the  office  of  the  County  Superintendent  of 
Public  Instruction. 

Laws   1913,   page   437.      Formerly  Laws   1911,   page   500. 

Aimotator's  Note:  This  subdivision  as  it  appears  in  Laws  1913, 
page  463,  is  thought  not  to  be  in  effect  for  the  reason  that  House  Bill 
43  in  which  it  appears,  was  directed  at  the  amendment  of  subdivision 
(b)  only,  and  this  subdivision  was  copied  directly  from  the  law  as  it 
existed  in  1911,  without  reference  to  its  prior  amendment  in  1913. 

Division  and  Change  of  Boundaries  of  Districts — Limitation. 

Sec.  47cc.     No     district     containing     less     than     nine 


IDAHO   SCHOOL   LAWS.  23 

(9)  square  miles  shall  be  divided  either  for  the  purpose  of 
forming  a  new  district  or  any  other  change  of  boundaries, 
except  on  approval  of  the  County  Superintendent  of 
Schools,  and  a  unanimous  vote  of  the  Board  of  County  Com- 
missioners. No  district  shall  be  divided  and  territory  taken 
therefrom  either  for  the  formation  of  a  new  district  or  for 
any  other  purpose  if  the  remainder  of  the  district  will  con- 
tain less  than  fifteen  (15)  persons  of  school  age.  No  in- 
corporated cities  or  towns  shall  hereafter  b'e  divided  into 
two  (2)  or  more  districts. 

Laws  1913,  page  437,  Sec.  47c..    Formerly  Laws  1911,  page  500. 
Annotator's  Note:     See  note  to  Sec.  47c  supra. 

Pupils  Attendance  In  Other  Than  Home  District. 

Sec.  47d.  Wnenever  ^  sna^  appear  that  a  pupil  liv- 
ing in  one  district  cannot  attend  school  in  his  or  her  own 
district  because  of  the  distance  of  the  school  house,  or  for 
any  other  valid  reason,  such  pupil  may  attend  the  school  in 
any  district  in  the  county  in  which  his  or  her  own  district 
is  situated,  upon  making  the  proper  application  to  the 
County  Superintendent,  which  official  shall  be  the  judge  of 
the  necessity  for  making  such  change,  and  the  district  shall 
receive  for  such  pupil's  tuition,  from  such  pupil's  district, 
such  an  amount  as  said  pupil  would  be  accredited  with  in 
his  or  her  own  district. 

Laws  1913,  pages  437  and  463.     Formerly  Laws  1911,  page  501. 
Annotator's  Note:    This  subdivision  is  the  same  in  both  of  the  1913 
amendments  to  Section  47  appearing  at  pages  437  and  463  respectively. 

Notice  of  Filing  of  Petition — Duty  of  County  Superintendent. 

Sec.  48.  It  shall  be  the  duty  of  the  County  Superin- 
tendent, upon  receipt  of  any  petition  as  herein  provided  for, 
to  give  notice  immediately  to  all  parties  interested,  by  send- 
ing notice  by  registered  mail  to  each  of  thfc  trustees  of  the 
district  to  be  affected  by  such  change  or  changes;  and  by 
causing  printed  notices  to  be  posted  in  at  least  three  (3) 
public  places  in  the  district  so  affected,  one  of  which  shall 
be  on  the  door  of  the  school  house  in  said  district,  for  at  least 
one  (1)  week.  Such  notice  must  state  the  change  or  changes 
to  be  made  in  said  district,  that  the  said  petition  is  on  file  in 
the  office  of  the  County  Superintendent,  and  that  the  same 
will  be  presented  to  the  Board  of  County  Commissioners  at 
its  next  regular  meeting  for  final  action.  The  Superintend- 
ent must  transmit  the  said  petition  to  the  said  Board  with 
his  approval  or  disapproval,  and,  if  he  approve  the  same,  he 
may  note  such  change  in  the  boundaries  as  in  his  judg- 
ment shall  be  for  the  best  interests  of  all  parties  concerned. 

Laws  1911,  page  501. 


24  IDAHO   SCHOOL  LAWS. 

Petition — Action  of  County  Commissioners. 

Sec.  49.  The  Board  of  County  Commissioners  shall  act 
upon  the  same  at  its  next  regular  meeting.  If  such  peti- 
tion be  granted  it  may  be  in  accordance  with  the  original 
prayer  or  with  such  modifications  as  the  Board  may  choose 
to  make. 

Laws  1911,  page  501. 

Consolidation  With  Independent  School  Districts. 

Sec.  49a.  Whenever  a  majority  of  the  heads  of  fam- 
ilies who  are  residents  of  any  common  or  independent  school 
district  within  the  State  of  Idaho  shall  petition  the  board 
of  County  Commissioners  to  be  annexed  to  any  adjoining 
independent  school  district,  it  shall  be  the  duty  of  the  Coun- 
ty Commissioners  through  the  clerk  of  the  said  board  to 
cause  notice  of  the  filing  of  such  petition  to  be  made  in  the 
district  affected  thereby,  by  posting  same  in  three  public 
places  in  each  district,  one  of  which  said  places  shall  be  on 
the  door  of  the  school  house,  and  by  publishing  the  same 
at  least  once  a  week  for  four  consecutive  weeks  in  the  news- 
paper deemed  by  said  County  Commissioners  most  likely 
to  give  notice  to  the  residents  of  said  districts;  said  notice 
shall  state  the  substance  or  prayer  of  the  petition  and  shall 
specify  'a  date  upon  which  the  same  shall  be  voted  upon 
in  each  of  the  school  districts  affected  thereby,  which 
said  date  shall  not  be  earlier  than  thirty  days  from 
the  date  of  the  first  publication  of  the  notice  in  the  news- 
paper as  heretofore  provided. 

Laws  1915,  page  145,  Sec.   1. 

Same — Election. 

Sec.  49b.  Upon  the  date  specified  in  said  notice  of 
election  there  shall  be  an  election  held  in  each  district  af- 
fected by  the  proposed  consolidation,  and  if  a  majority  of 
those  voting  in  each  district  vote  in  favor  of  such  consolida- 
tion, the  County  Commissioners  shall,  upon  the  certification 
of  the  result  thereof  to  them  by  the  district  trustees  of  the 
respective  districts,  declare  the  said  districts  consolidated. 

Laws   1915,   page   145,   Sec.    2. 

Same. 

Sec.  49c.  The  election  provided  in  the  preceding  sec- 
tion shall  be  held  in  all  respects  as  other  elections  are  held 
under  the  provisions  of  the  school  laws  of  the  State  of  Idaho. 

Laws    1915,    page    146,    Sec.    3. 


IDAHO   SCHOOL  LAWS.  25 

Consolidated  Districts  Become  Independent  Districts. 

Sec.  49d.  Any  districts  consolidated  under  the  pro- 
visions of  this  Act  shall  thereafter  become  independent 
school  districts. 

Laws  1915,  page  146,  Sec.  4. 

Same — Directors. 

Sec.  49e.  When  two  or  more  districts  are  consolidat- 
ed if  one  is  an  independent  school  district  Class  A,  the  di- 
rectors of  such  independent  school  district  Class  A  shall  be 
directors  of  the  consolidated  district.  If  none  of  the  Con- 
solidating districts  is  an  independent  school  district  Class 
A,  then  the  directors  of  the  independent  district  employing 
the  greater  number  of  teachers  shall  serve  as  directors  of  the 
consolidated  district  until  the  next  annual  election. 

Laws  1915,  page  146,  Sec.  5. 

Joint  Districts — Formation — Corporate  Name. 

Sec.  50.  A  Joint  School  District  may  be  formed  from 
territory  belonging  to  two  (2)  or  more  contiguous  counties. 
For  the  purpose  of  organizing  a  joint  district  the  same  pre- 
liminary steps  must  be  taken,  and  the  same  course  pursued 
as  in  the  organization  of  other  districts  as  provided  in 
Sections  47  and  48  of  this  Act.  Such  districts  shall  be 
designated  as  "Joint  District  No of  the  Coun- 
ties of ,"  and  be  so  numbered  that  it  shall 

have  the  same  number  in  all  the  counties  from  which  it  was 
formed.  The  petition  required  by  Section  47  shall  be  made 
to  each  County  Superintendent  interested;  Provided:  That 
the  school  census,  the  record  of  attendance  at  school,  the  as- 
sessing of  property,  the  collection  of  taxes,  and  all  acts 
which,  from  their  nature,  shall  be  separately  kept,  shall  be 
kept  and  done,  and  the  report  thereof  made  as  if  each  por- 
tion of  said  district  were  an  entire  district  in  the  respec- 
tive counties.  The  teacher  of  such  joint  district  shall  not  be 
required  to  hold  a  certificate  in  both  counties. 

Laws  1911,  page  501. 

The  County  Commissioners  of  a  county  in  which  a  portion  of  a  joint 
school  district  is  located  may  segregate  such  portion  and  form  the 
same  into  a  common  school  district. 

Bobbitt  vs.  Blake,  25  Ida.  53;   136  Pac.  211. 

Same — Joint  Independent  and  Rural  High  School  Districts. 

Sec.  50a.  A  Joint  Independent  School  District,  or  a 
Joint  Rural  High  School  District,  may  be  formed  from  ter- 
ritory (or  in  case  of  Joint  Rural  High  School  Districts, 
from  School  Districts)  belonging  to  two  or  more  contiguous 


26  IDAHO   SCHOOL  LAWS. 

counties.  For  the  purpose  of  organizing  such  joint  districts 
the  same  preliminary  steps  must  be  taken,  and  the  same 
course  pursued  as  in  the  organization  of  like  districts  lying 
wholly  within  the  boundaries  of  a  single  county.  Such  dis- 
tricts shall  be  designated  as,  "Joint  Independent  School  Dis- 
trict No..... of  the  Counties  of ," 

or,  "Joint  Rural  High  School  District  No of  the 

Counties  of ,"  and  be  so  numbered 

that  it  shall  have  the  same  number  in  all  the  counties  out 
of  whose  territory  such  district  is  formed.  The  proceedings 
for  its  formation  shall  be  had  in  each  county  or  district  in- 
terested ;  Provided;  That  the  school  census,  the  record  of  at- 
tendance at  school,  the  assessing  of  property,  the  collection 
of  taxes,  and  all  acts  which,  from  their  nature,  shall  be 
separately  kept,  shall  be  kept  and  done,  and  the  report 
thereof  made  as  if  each  portion  of  said  district  were  an  en- 
tire district  in  the  respective  counties.  It  shall  be  sufficient 
for  teachers  of  such  joint  district  to  be  qualified  in  either 
of  the  counties  whose  territory  comprise  the  same. 

Laws  1913,  page  467,  Sec.   1. 

Same — Division  By  Creation  of  County. 

Sec.  50b.  No  county  division  or  change  of  county 
boundaries  shall  abolish  or  disorganize  such  districts 
existing  at  the  time  of  such  division  or  change,  but  it  shall 
be  the  duty  of  the  Board  of  County  Commissioners  of  the 
respective  counties  affected  thereby  to  rename  the  same 
as  a  joint  district  as  required  in  Section  1  of  this  Act,  and 
such  renamed  joint  district  shall  in  all  things  be  considered 
a  continuation  of  the  existing  district. 

Laws   1913,  page   468,  Sec.   2. 

Apportionment  to  New  Districts. 

Sec.  51.  All  new  districts  formed  of  unorganized  ter- 
ritory shall  be  entitled  to  their  just  proportion  of  school 
moneys  at  the  next  apportionment,  and  the  County  Super- 
intendent shall  place  the  same  to  the  credit  of  such  district ; 
Provided'.  That  in  no  case  shall  such  district  be  entitled  to 
use  the  same  unless  school  has  commenced  therein,  and  six 
(6)  months  shall  not  have  elapsed  since  the  date  of  its  or- 
ganization; Provided,  further;  If  any  new  district  is 
organized  from  any  part  of  any  other  organized  district  or 
districts,  as  provided  in  this  Chapter,  the  County  Super- 
intendent, after  having  ascertained  the  amount  of  moneys 
belonging  to  said  old  district  or  districts  and  deducting  said 
indebtedness  and  liabilities,  must  apportion  to  said  new  dis- 
trict, exclusive  of  bonded  indebtedness,  its  due  per  capita 


IDAHO   SCHOOL   LAWS.  27 

proportion  of  money  or  indebtedness,  as  the  case  may  be, 
from  said  districts  from  which  it  may  be  formed.  And,  in 
case  of  joint  districts,  the  County  Superintendent  must  ap- 
portion to  such  district  such  proportion  of  the  school  money 
to  which  such  district  is  entitled  as  the  number  of  school 
children  residing  in  that  portion  of  the  district  situated  in 
his  county  bears  to  the  whole  number  of  school  census  chil- 
dren in  the  whole  district. 

Laws  1911,  page  502. 

See  School  District  vs.  Elaine  County,  26  Ida.  285;   142  Pac.  41. 

Lapsed  Districts — Sale  of  Property. 

Sec.  52.  If  any  school  district  shall,  for  the  period  of 
one  (1)  year,  fail  to  maintain  a  school  for  at  least  four  (4) 
school  months,  or  keep  up  its  organization  of  officers,  as  is 
required  by  law,  or  if  there  has  been  an  average  attendance 
for  three  (3)  consecutive  months  of  only  five  (5)  pupils  or 
less,  such  district  shall  lapse,  and  the  money  in  the  treasury 
of  the  county  belonging  thereto  shall  be  apportioned  by  the 
County  Superintendent  among  the  other  districts  in  the  same 
manner  as  other  moneys  are  apportioned.  The  property  of 
any  school  district  that  shall  lapse  shall  be  sold  by  the  Coun- 
ty Superintendent  in  such  manner  as  he  shall  deem  best. 
The  proceeds  of  such  sale,  after  the  payment  of  any  in- 
debtedness of  said  district,  shall  be  placed  to  the  credit  of 
the  general  school  fund.  The  territory  included  within  the 
boundaries  of  the  said  school  district  shall,  by  order  of  the 
County  Commissioners,  be  attached  to  one  (1)  of  more 
school  districts. 

Laws  1913,   page   438.    Formerly  Laws   1911,   page   502. 


28 


IDAHO   SCHOOL   LAWS. 


ARTICLE  VI. 
DISTRICT  TRUSTEES. 


Section. 

53.  Board  of  Trustees:  Qualifi- 
cations: Oath  of  office: 
Chairman:  Clerk. 

54a.  Annual  school  meeting: 
Notice  by  clerk. 

54b.  Same:  Election  of  trustees. 
Qualifications  of  electors. 

54c.  Same:  Levy  for  special  tax: 
Qualifications  of  voters: 
Joint  school  districts. 

54d.  Same:  Length  of  school 
term:  Quarantine. 

54e.  Same:  Business  to  be  trans- 
acted: Power  of  trustees 
to  make  levy. 

54f  Same:  Notice  by  County 
Superintendent. 

55.  Trustees   to  qualify. 

56.  School   Taxes:     Collection. 

57.  Meetings  of  board   of  trus- 

tees. 

58.  Trustees:       General    duties. 
58a.   Same:         Employment       of 

teachers. 

58b.  Same:  To  fix  teachers' 
compensation. 

58c.  Same:  To  fix  clerk's  com- 
pensation. 

58d.  Same:  To  fix  rate  of  tui- 
tion: Free  tuition. 

58e.  Same:  To  discharge  teach- 
ers. 


pu- 


Section. 

58f  Same:  Contracts  with 
teachers:  Duties. 

58g.  Same:  Corporate  powers: 
Construction  contracts: 
Removal  of  school  sites: 
Prohibited  contracts. 

58h.  Same:  To  provide  neces- 
sary furniture:  Janitor 
service,  etc. 

58i  Same:  To  provide  school 
library. 

58j.  Same:  Clerk  to  keep  rec- 
ord. 

58jj.  Same: 
pils: 

58k.   Same: 
clerk. 

581.  Same:  Election  of  rela- 
tives as  teachers. 

58m.  Same:  Employment  of  at- 
torneys. 

58n.  Same:  Attendance  at  meet- 
ings. 

59.  Flag:      Trustees  to  provide. 

60.  Non-resident      pupils:      At- 

tendance:     Conditions. 

61.  Annual      financial      report: 

Publication  and  posting. 

62.  Meetings   called   by  County 

Superintendent:    Expenses 
of  delegates. 


Insubordinate 

Dismissal. 

Census:     Duties    of 


Board     of     Trustees — Qualifications — Oath     of     Office — Chairman 
—Clerk. 

Section  53.  The  Board  of  Trustees  of  each  school  dis- 
trict shall  consist  of  three  (3)  members,  who  shall  be  at 
the  time  of  their  election  or  appointment  qualified  electors 
and  residents  of  such  school  district,  one  (1)  of  whom 
shall  be  elected  at  each  regular  school  election  for  a  term 
of  three  years,  so  that  but  one  (1)  trustee  shall  retire  in 
any  year.  Each  trustee  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  official  oath, 
which  must  be  filed  in  the  office  of  the  County  Superin- 
tendent. Immediately-  'after  their  election  and  qualifica- 
tion, they  must  elect  from  their  number  a  chairman  and 
a  clerk,  Provided :  That  if  any  trustee  after  his  election  or 
appointment  and  during  his  term  shall  remove  from  the 
school  district  in  which  he  was  appointed  or  elected  and 
cease  to  be  a  bona  fide  resident  of  said  district,  then  his  of- 
fice as  a  member  of  the  Board  of  Trustees  shall  thereby 
become  vacant  and  his  successor  shall  be  immediately  ap- 
pointed and  qualify  as  provided  by  law  and  such  appointee 


IDAHO   SCHOOL   LAWS.  29 

shall  hold  office  until  the  next  school  election  for  trustee 
of  said  district. 

Laws  1913,  page  438.     Formerly  Laws  1911,  page  503. 

Annual  School  Meeting — Notice  By  Clerk. 

Sec.  54a.  The  annual  school  meeting  for  the  trans- 
action of  the  school  district  business  in  districts  other  than 
Independent  School  Districts  shall  be  held  on  the  third 
Monday  in  April.  The  Clerk  of  the  Board  of  Trustees  shall 
cause  notices  to  be  posted,  using  blanks  provided  by  the 
County  Superintendent  for  that  purpose,  specifying  the 
time  and  the  place  of  such  meeting  and  what  business  shall 
be  transacted  at  said  meeting.  Said  notices  shall  be  posted 
in  three  (3)  public  places  in  the  district,  one  (1)  of  which 
shall  be  the  school  house,  if  there  be  one,  at  least  ten  (10) 
days  previous  to  the  time  of  the  meeting.  If  the  Clerk 
fails  to  give  such  notice,  then  any  two  legal  voters 
residing  in  the  district  may  give  such  notice  over  their 
own  names,  and  such  annual  meeting  may  be  held  after  the 
day  fixed  in  this  Section  for  such  annual  meeting.  , 

Laws  1915,  page  213.     Formerly  Laws   1911,  page  503;   Laws  1912, 
page    49;    Laws    1913,    pages    363    and    439. 

Same — Election  of  Trustees — Qualifications  of  Electors. 

Sec.  54b.  All  elections  of  trustees  shall  be  by  bal- 
lot; the  polls  shall  be  opened  by  one  of  the  Board  of  Trus- 
tees, or  by  any  qualified  elector  if  no  trustee  be  present,  at 
the  time  specified  in  the  notice.  If  no  time  is  specified  in 
the  notice,  then  the  polls  shall  be  opened  at  one  (1)  o'clock 
P.  M.,  and  closed  at  five  (5)  o'clock  P.  M.  of  the  same  day. 
Said  election  shall  be  conducted  as  any  other  county  elec- 
tion, except  that  one  (1)  judge  and  one  (1)  clerk  may 
constitute  the  Board  of  Election,  and  any  trustee  or  quali- 
fied elector  may  administer  the  oath  to  said  judge  and 
clerk.  At  all  elections  under  this  Article,  voters  miust 
have  the  same  qualifications  as  prescribed  for  the  general 
elections  in  this  State.  Said  judge  and  clerk  shall  make 
•immediate  return  of  election  to  the  County  Superintendent, 
which  the  County  Superintendent  shall  file  in  his  office. 

Laws   1915,  page  214.     Formerly  Laws  1911,  page  504;   Laws   1912, 
page  50;  Laws  1913,  pages  363  and  439. 

Same — Levy    For    Special    Tax — Qualifications    of    Voters — Joint 
School  Districts. 

Sec.  54c.  Said  annual  meeting  shall  determine  if  a 
special  tax  shall  be  levied  not  to  exceed  ten  (10)  mills  on 
each  dollar  of  taxable  property.  Such  special  tax  to  be  for 
the  purpose  of  raising  money  for  building  or  repairing 


30  IDAHO   SCHOOL  LAWS. 

school  property,  for  school  equipment,  or  for  the  support 
and  maintenance  of  the  schools.  Having  determined  that 
a  special  tax  shall  be  levied  for  such  purposes  the  meeting 
shall  proceed  to  ballot  on  the  question  of  the  amount  of 
money  desired  to  be  raised  by  special  tax  for  the  district, 
on  which  ballot  shall  be  written  or  printed  the  proposed 
amount  of  money  and  the  words  "Yes,"  "No,"  and  none  but 
actual  resident  freeholders  or  heads  of  families  of  said  dis- 
trict shall  vote  at  the  election  to  determine  whether  a  special 
tax  shall  be  raised,  or  on  the  amount  of  money  to  be  raised 
thereby.  Provided:  That  all  joint  school  districts  formed 
under  the  provisions  of  the  school  laws  of  Idaho,  including 
joint  common  school  districts,  joint  independent  school  dis- 
tricts and  joint  high  school  districts  situated  in  more  than 
one  county,  the  annual  meeting,  instead  of  determining  the 
amount  of  money  to  be  raised  by  special  tax,  shall  determine 
the  amount  of  levy  in  mills  to  be  made.  A  separate  ballot- 
box  shall  be  used  for  voting  on  any  question  of  taxation  or 
other  business  concerning  schools  and  school  interests  from 
that  used  in  voting  for  trustees.  If  a  majority  of  the  votes 
polled  at  such  election  are  in  favor  of  the  tax  and  the 
amount  of  money  to  be  raised,  the  Board  of  Trustees  shall 
immediately  certify  the  amount  determined  to  be  raised, 
the  date  thereof,  the  year  for  which  the  same  shall  be  raised, 
and  the  number  of  the  district,  to  the  clerk  of  the  Board 
of  County  Commissioners  and  the  County  Assessor,  but  not 
more  than  one  such  special  tax  can  be  levied  in  any  one 
(1)  year.  The  Board  of  County  Commissioners  shall,  at  the 
time  of  making  their  annual  levies,  make  a  sufficient  levy 
in  mills  upon  all  the  taxable  property  in  said  school  district 
not  exempt  from  taxation  sufficient  to  produce  the  said 
amount  of  money  so  certified  to  be  levied  by  special  tax 
for  such  school  district  for  such  year,  and  shall  certify  the 
same  to  the  County  Assessor. 

Laws  1915,  page  214.  Formerly  Laws  1911,  page  504;  Laws  1912, 
page  50;  Laws  1913,  pages  363  and  439. 

Under  the  provisions  of  Section  54c,  a  common  school  district  deter- 
mines the  amount  of  money  to  be  raised  by  special  tax,  rather  than 
the  number  of  mills  to  be  levied,  and  certifies  such  amount  to  the 
clerk  of  the  Board  of  County  Commissioners. 

Opinion  of  Attorney  General;    Grace  M.   Shepherd,   6-1 7-' 14. 

Annotator's  Note:  The  amendment  of  1915  changes  the  rule  above 
stated  only  as  regards  joint  districts,  which  must  make  their  levy 
in  mills  instead  of  a  lump  sum. 

Same — Length  of  School  Term — Quarantine. 

Sec.  54d.  Said  annual  meeting  shall  determine  the 
length  of  time  a  school  shall  be  taught  in  the  district  for 
the  ensuing  year,  which  shall  not  be  less  than  seven  (7) 


UNIVERSITY 

C 
IDAHO   SCHOOL  LAWFR  31 


months,  by  a  legally  qualified  teacher  in  all  districts  having 
not  more  than  seventy-five  (75)  pupils  of  school  age,  nor 
less  than  nine  (9)  months  in  districts  having  more  than 
seventy-five  (75)  pupils.  Provided:  That  in  any  district 
other  than  an  Independent  Class  A  district,  the  Board  of 
Trustees  may,  when  in  their  judgment  the  best  interests 
of  the  community  require  it,  arrange  that  any  pupils  of  the 
sixth,  seventh  or  eighth  grades  whose  parents  so  request, 
may  attend  eight  (8)  months  instead  of  nine  (9)  .  Provided, 
further:  That  all  other  pupils  of  these  grades  shall  be  re- 
quired to  continue  in  school  the  full  nine  (9)  months.  They 
may  also  determine  and  instruct  the  district  trustees  as  to 
the  length  of  the  different  terms  of  school,  and  the  sea- 
sons of  the  year  in  which  the  same  shall  be  taught  ;  and  the 
district  officers  shall  see  that  school  is  actually  taught 
therein  by  a  licensed  teacher  in  conformity  to  such  in- 
structions and  for  not  less  than  the  length  of  time  herein 
required.  No  school  shall  receive  any  of  the  State  funds 
unless  school  shall  have  been  actually  taught  therein  for 
the  time  required  by  the  Act;  Provided:  That,  in  case  of 
quarantine  or  loss  of  school  house,  such  closing  of  school 
shall  not  prevent  district  from  drawing  its  proper  share 
of  the  State  apportionment. 

Laws  1915,  page  215.  Formerly  Laws  1911,  page  504;  Laws  1912, 
page  50;  Laws  1913,  pages  364  and  440. 

Cited:    In  Dissenting  opinion. 

Fenton  vs.  Board,   20  Ida.   392,   415,   419;    119   Pac.    41. 

Where  there  is  more  than  one  school  house  in  a  district  it  is  not 
within  the  power  of  the  annual  meeting  to  provide  for  a  longer  term 
of  school  in  any  one  school  house  than  in  any  other. 

Opinion   Attorney   General. 

Same  —  Business  To  Be  Transacted  —  Power  of  Trustees  to  Make 
Levy. 

Sec.  54e.  Said  annual  meeting  shall  transact  all 
business  required  by  the  notice  of  the  meeting,  and  it  shall 
be  lawful  to  transact  any  other  business  pertaining  to 
schools  and  school  interests.  The  Board  of  Trustees  shall 
have  power,  when  the  annual  meeting  shall  neglect  or  re- 
fuse to  levy  a  special  tax  to  maintain  the  schools,  to  levy 
a  special  tax  upon  all  the  property  in  the  district,  which 
when  added  to  moneys  apportioned  by  the  County  Super- 
intendent of  Schools,  will  be  sufficient  to  provide  funds  for 
the  maintenance  of  the  school  as  provided  in  Section  54 
of  this  Act.  The  taxes  so  levied  are  and  shall  be  a  lien 
upon  the  property  taxed,  the  same  as  other  taxes,  and  shall 
be  collected  in  the  same  manner. 

Laws  1915,  page  215.  Formerly  Laws  1911,  page  505,  Sec.  54e,  and 
page  503,  Sec.  52;  Laws  1912,  page  51;  Laws  1913,  pages  364  and  440. 


32  IDAHO   SCHOOL  LAWS. 

Same — Notice  By  County  Superintendent. 

Sec.  54f.  In  addition  to  the  posting  of  notices  of  said 
meeting  by  the  Clerk  of  the  Board  of  Trustees  as  required 
by  this  section,  it  shall  be  the  duty  of  the  County  Superin- 
tendent of  each  county  to  cause  a  notice  to  be  published  in 
at  least  one  weekly  newspaper  published  and  printed  in 
the  county,  and  in  not  more  than  two  such  newspapers,  for 
a  period  of  two  weeks  previous  to  the  time  of  said  annual 
school  meetings.  Such  notice  shall  be  a  general  notice  to 
the  voters  of  each  school  district  other  than  independent 
school  districts  within  the  county  that  the  annual  school 
meetings  will  be  held  in  each  of  the  said  school  districts  as 
provided  in  subdivision  "a"  of  this  section.  The  cost  of 
such  publication  shall  be  paid  out  of  the  general  fund  of 
the  county  as  in  other  cases  provided. 

Laws   1915,  page  216.     Formerly  Laws  1913,  page   364. 

Trustees  to  Qualify. 

Sec.  55.  Trustees  shall  qualify  within  fifteen  (15)  days 
after  receiving  notice  of  their  election  by  taking  the  official 
oath,  which  oath  may  be  administered  by  either  of  the 
other  trustees  or  a  retiring  trustee,  and  such  oath  shall  be 
subscribed  and  filed  in  the  office  of  the  County  Superintend- 
ent. 

Laws    1911,    Page    505. 

School  Taxes — Collection. 

Sec.  56.  Upon  receiving  the  statement  of  the  levy  from 
the  Board  of  County  Commissioners  showing  the  special  tax 
levied  for  any  school  district,  the  assessor  must  assess 
upon  all  property  in  the  district  subject  to  taxation  the 
tax  so  levied  and  certified  to  him  as  aforesaid;  but  for  that 
purpose  he  is  not  required  to  take  new  statements  from 
the  owners  of  property,  but  his  assessment  of  all  special 
taxes  so  levied  may  be  computed  and  made  upon  the  valua- 
tion of  property  as  fixed  by  the  Board  of  Equalization  for 
State  and  county  purposes,  and  as  appears  upon  the  as- 
sessment roll  in  the  same  year;  said  special  taxes  so  levied 
as  aforesaid  shall  become  a  lien  upon  the  property  so  as- 
sessed from  the  date  of  assessment,  and  shall  be  due  and 
payable  at  the  same  time  as  the  State  and  county  taxes,  and 
in  all  respects  are  to  be  collected  in  the  same  way,  ex- 
cept that  the  assessor  must  keep  a  separate  list  or  assess- 
ment roll  thereof,  and,  when  paid,  must  be  named  in  his 
receipt  to  the  taxpayers  as  a  separate  lien,  and  he  must  pay 
to  the  County  Treasurer  as  he  pays  other  taxes;  but, 
at  the  time  of  payment,  he  must  specify  to  the  Treasurer 
what  taxes  they  are,  and  take  a  separate  receipt  therefor 


IDAHO   SCHOOL   LAWS.  33 

and  keep  separate  accounts  thereof.  The  Board  of  County 
Commissioners  shall  furnish  the  assessor  with  such  blanks 
as  are  needed  to  comply  with  the  provisions  hereof.  The 
provisions  of  this  and  the  preceding  sections  for  the  levy 
and  collection  of  taxes  shall  not  apply  to  Independent  Dis- 
tricts so  established,  which  have  special  laws  for  the  collec- 
tion of  school  taxes. 

Laws  1913,  page  441.     Formerly  Laws  1911,  page   505. 

Meetings  of  Board  of  Trustees. 

Sec.  57.  The  regular  meetings  of  the  Board  of  Trus- 
tees shall  be  held  on  the  last  Monday  of  March,  June,  Sep- 
tember and  December.  The  Board  may,  however,  hold  other 
special  or  adjourned  meetings,  as  they  may  from  time  to 
time  determine.  Any  two  of  such  trustees  shall  constitute 
a  quorum  for  the  transaction  of  business. 

Laws  1911,  page  506. 

Trustees — General  Duties. 

Sec.  58.  It  shall  be  the  duty  of  the  trustees  of  each 
district : 

Laws  1913,  page  442.     Formerly  Laws  1911,  page  506. 

Same — Employment  of  Teachers. 

Sec.  58a.  To  employ  teachers  on  written  contract, 
but  before  such  contract  can  be  legally  signed  it  shall  be 
the  duty  of  the  teacher  to  exhibit  his  or  her  certificate  or 
permit  to  teach  to  the  Board  of  Trustees,  and  it  shall  be 
the  duty  of  the  trustees  to  file  a  copy  of  such  contract  pr 
permit  with  the  County  Superintendent. 

Laws   1913,   page  442.      Formerly  Laws   1911,  page   506. 

Same — To  Fix  Teachers'  Compensation. 

Sec.  58b.  To  fix,  allow  and  order  paid  the  salaries 
and  compensation  of  such  teachers. 

Laws  1913,  page  442.     Formerly  Laws  1911,  page  506. 

Same — To  Fix  Clerk's  Compensation. 

Sec.  58c.  To  fix  the  compensation  of  the  Clerk  of 
the  Board. 

Laws  1913,  page  442.     Formerly  Laws  1911,  page  506. 

Same — To  Fix  Rate  of  Tuition — Free  Tuition. 

Sec.  58d.  And  to  determine  the  rate  of  tuition  of 
non-resident  pupils;  Provided:  That  any  pupil  or  pupils  of 
the  eighth  grade  who  are  of  high  school  qualifications  of 


34  IDAHO   SCHOOL   LAWS. 

any  district,  shall  be  eligible  to  attend  any  high  school  with- 
in his  county  without  paying  tuition,  but  the  County  Super- 
independent  shall  transfer  from  the  district  to  which  said 
pupil  or  pupils  belong  to  the  district  holding  the  high  school 
attended,  a  sum  of  money  bearing  the  same  proportion  to 
the  amount  of  money  received  by  the  district  during  the 
year,  as  said  pupil  or  pupils  bear  to  the  total  school  census 
of  the  district  in  which  such  pupil  or  pupils  belong. 

Laws   1913,   page  442.     Formerly  Laws   1911,  page   506. 
Cross  Reference:     Tuition.      See  Sees.   196-199   inclusive. 

Same — To  Discharge  Teachers. 

Sec.  58e.  The  trustees  shall  have  power  to  discharge 
any  eacher  for  neglect  of  duty,  or  for  any  cause  that, 
in  their  opinion,  renders  the  services  of  such  teacher  un- 
profitable to  the  district ;  but  no  teacher  shall  be  discharged 
before  the  end  of  his  or  her  term  without  a  reasonable  hear- 
ing. 

Laws   1913,   page  442.     Formerly  Laws  1911,  page  506. 

Same — Contracts  With  Teachers — Duties. 

Sec.  58f.  The  trustees  shall  not  contract  to  compel 
teachers  to  make  up  time  while  attending  any  annual  coun- 
ty or  joint  institute,  or  while  attending  a  meeting  of  the 
State  Teachers'  Association. 

Laws   1913,   page  442.     Formerly  Laws  1911,  page  506. 

Same — Corporate    Powers — Construction     Contracts — Removal    of 
School  Sites — Prohibited  Contracts. 

Sec.  58g.  The  trustees  shall  have  charge  of  all 
school  property  in  their  district  and  shall  have  power  to  re- 
ceive in  trust  all  real  estate  or  other  property  conveyed  to 
said  school  district;  and  to  convey  by  deed,  duly  executed 
and  delivered,  all  the  estate  or  interest  of  their  district  in 
any  school  house  or  site  directed  to  be  sold  by  vote  of  their 
district.  All  conveyances  made  to  said  Board  must  be  made 
in  their  corporate  name,  to-wit:  "To  Trustees  of  School 

District  No County.. 

State  of  Idaho."  Said  trustees  have  further  power,  when 
directed  by  a  vote  of  their  district,  to  build  or  remove  school 
houses,  to  purchase,  receive,  hold  and  convey  real  and  per- 
sonal property  for  school  purposes,  and  to  hold,  purchase  and 
repair  school  houses  and  to  supply  the  same  with  necessary 
furniture  and  to  fix  the  location  of  school  houses  subject 
to  the  rules  and  regulations  of  the  State  Board  of  Educa- 
tion; Provided:  That  all  such  repairs  and  construction 
work  shall  be  submitted  to  competitive  sealed  bids  when 


IDAHO   SCHOOL   LAWS.  35 

such  work  required  shall  exceed  the  sum  of  One  Hundred 
Dollars  ($100)  ;  Provided,  further,  That  a  school  house  al- 
ready built  shall  not  be  removed,  nor  a  new  site  for  a  school 
house  be  designated,  except  when  directed  by  a  two-thirds 
(2-3)  vote  of  the  electors  of  said  district  voting  at  an  elec- 
tion held  for  that  purpose,  which  election  may  be  a  special 
or  a  general  school  election ;  Provided :  That  no  trustees  shall 
be  pecuniarily  interested  directly  or  indirectly  in  any  con- 
tract made  by  the  Board  of  Trustees,  of  which  he  is  a  mem- 
ber, and  any  contract  made  in  violation  of  this  section  is 
null  and  void. 

Laws   1913,   page  442.      Formerly  Laws   1911,  page  506. 

This  section  applies  only  in  the  case  of  selecting  a  new  site  for  a 
school  house  already  built  and  not  in  the  case  of  selecting  a  site  for 
an  additional  school  house.  A  majority  vote  only  is  necessary  to  locate 
such  additional  school  house. 

Op.  Attorney  General.     Grace  M.  Shepherd,  3-4-'14. 

Same — To  Provide  Necessary  Furniture,  Janitor  Service,  Etc. 

Sec.  58h.  The  trustees  of  the  respective  districts 
must  furnish  all  things,  not  herein  provided  for,  necessary 
for  the  comfort  and  the  use  of  their  district,  such  as  janitor 
service,  fuel,  improvements,  maps  and  apparatus,  library; 
and  for  all  such  purposes  may  audit  and  allow  accounts 
against  the  school  fund  of  their  district,  not  to  exceed 
twenty-five  (25)  per  cent  of  the  amount  of  such  school 
fund  in  any  one  (1)  year. 

Laws   1913,  page   443.     Formerly  Laws   1911,   page   507. 

Same — To  Provide  School  Library. 

Sec.  58i.  At  least  three  (3)  per  cent  of  the  moneys 
annually  appropriated  to  any  district  other  than  an  Inde- 
pendent District  shall  be  applied  by  the  trustees  for  the 
maintenance  of  a  school  library,  selection  of  books  for 
which  shall  be  made  from  a  list  of  books  furnished  to  each 
district  and  compiled  by  the  State  Board  of  Education.  The 
Board  of  Trustees  shall  keep  the  library  in  a  suitable  case 
at  the  school  house;  shall  keep  a  list  of  all  books  in  the 
library ;  loan  the  books  to  pupils  and  patrons  within  the  dis- 
trict for  a  period  not  to  exceed  four  (4)  weeks  at  any  one 
time;  hold  patrons,  parents  or  guardians  to  strict  account- 
ability for  books  loaned,  requiring  them  to  replace  the  same 
in  the  event  of  loss  or  damage;  report  to  the  County  Super- 
intendent the  number  of  books  purchased  during  the  year, 
the  number  of  books  lost  and  other  information  required 
by  the  County  Superintendent,  and  for  the  further  good  of 
the  library  shall  make  all  needed  rules  and  regulations. 

Laws    1913,   page    443.      Formerly  Laws   1911,   page    507. 


36  IDAHO   SCHOOL   LAWS. 

Same — Clerk  to  Keep  Record. 

Sec.  58 j.  It  shall  be  the  duty  of  the  Clerk  of  the 
Board  of  Trustees  of  each  district  to  keep  a  record  of  the 
transactions  of  his  district  in  a  book  furnished  by  the  Coun- 
ty Superintendent,  the  form  of  which  shall  be  prescribed  by 
the  State  Board  of  Education;  said  record,  so  kept,  shall 
show  all  the  data  and  the  information  required  in  said  books 
to  be  shown  by  the  forms  thereof  and  shall  be  open  to  the  in- 
spection of  the  County  Superintendent  when  visiting  the 
district;  and  the  trustees  of  each  district  shall  make  a  full 
report  in  writing  annually  on  the  first  day  of  July,  to  the 
County  Superintendent  of  their  county,  on  blanks  furnished, 
which  shall  be  'exact  copies  of  the  pages  of  the  book  herein 
required  to  be  kept,  together  with  such  matters  pertaining 
to  schools  as  may  be  required  of  them  by  the  State  Superin- 
tendent. 

Laws  1913,  page  443.     Formerly  Laws  1911,  page  508. 

Same — Insubordinate  Pupils — Dismissal. 

Sec.  58 jj.  It  is  the  duty  of  the  trustees  of  the  re- 
spective districts,  on  receiving  a  report  from  any  teacher  of 
the  disorderly  conduct  of  any  pupil,  to  decide  how  said  in- 
subordinate pupil  shall  be  punished,  or  whether  he  or  she 
shall  be  dismissed  from  school,  and  the  teacher  must  enforce 
the  decision  so  made. 

Laws  1913,  page  444.     Formerly  Laws  1911,  page  508,  Sec.  58j. 

Same — Census — Duties  of  Clerk. 

Sec.  58k.  The  Clerk  of  the  Board  of  Trustees  shall, 
on  the  first  Tuesday  of  September  of  each  year,  proceed  to 
enumerate  the  children  of  school  age  in  his  district,  em- 
ploying assistant  enumerators  if  necessary,  and  he  shall 
not  enumerate  any  except  bona  fide  residents  thereof,  and 
the  Board  of  Trustees  shall  cause  a  true  and  certified  copy 
of  said  census  to  be  transmitted  to  the  County  Superintend- 
ent. School  age,  as  herein  used,  is  defined  as  applying  to 
all  persons  between  the  age  of  six  (6)  and  twenty-one 
(21)  years,  said  census  to  be  completed  and  filed  by  the 
third  Tuesday  in  September.  For  said  services,  said  clerk 
shall  be  allowed,  as  full  compensation  therefor,  Five  Cents 
(5c)  for  each  child  so  enumerated,  and  the  chairman  of 
the  Board  of  Trustees  shall  draw  his  order  upon  the  county 
auditor,  which  must  be  countersigned  by  at  least  one  other 
member  of  the  Board  of  said  district,  for  the  amount  so 
allowed,  and  it  must  be  charged  against  and  paid  out  of 
the  fund  of  said  district. 

Laws  1913,  page  444.     Formerly  Laws  1911,  page  508. 


IDAHO   SCHOOL  LAWS.  37 

Same — Election  of  Relatives  as  Teachers. 

Sec.  581.  No  trustee  of  any  school  district  of  any 
kind  in  the  State  of  Idaho  shall  vote  to  elect  any  relative  of 
his  own  or  of  his  immediate  family  to  the  position  of  teach- 
er of  any  school  within  his  district,  and  in  case  such  relative 
of  his  own  or  his  immediate  family,  shall  be  an  applicant  for 
any  position  as  teacher  of  any  school  within  his  district, 
the  question  of  whether  or  not  such  relative  shall  be  em- 
ployed shall  be  determined  by  the  remaining  members  of 
the  Board. 

Laws   1913,   page   444. 

The   "Anti-Nepotism  Act,"   Laws   1915,   page   40,   does   not  apply  to 
school   districts. 

Barton  vs.  Alexander,  Supreme  Court,  April  29,  1915. 

Same — Employment  of  Attorney. 

Sec.  58m.  Trustees  of  school  districts  of  every  kind 
in  the  State  of  Idaho  may,  when  deemed  necessary  by  them 
and  when  deemed  by  them  to  be  for  the  best  interests  of 
their  districts,  employ  an  attorney  or  attorneys  for  the  pur- 
pose of  advice  and  counsel  in  any  matters  pertaining  to 
said  school  district,  or  for  the  purpose  of  defending  the 
school  district  against  any  suit  brought  against  the  district 
in  any  court  of  the  State  of  Idaho,  or  for  the  purpose  of 
bringing  any  action  in  any  court  deemed  necessary  to  be 
commenced-  by  the  trustees  for  the  district,  and  the  ex- 
penses incurred  in  the  employment  of  said  attorney  or  at- 
torneys and  the  costs  of  such  suit  or  action  shall  be  a  legal 
charge  against  such  school  district  and  shall  be  paid  out 
of  the  funds  of  said  school  district. 

Laws    1913,    page    444. 

Same — Attendance  at  Meetings. 

Sec.  58n.  It  shall  be  the  duty  of  each  member  of 
the  Board  of  Trustees  to  attend  meetings  of  the  Board  of 
Trustees,  both  regular  and  special  meetings. 

Laws   1913,   page   445. 

Flag — Trustees  to  Provide. 

Sec.  59.  It  shall  be  the  duty  of  the  trustees  of  every 
school  district  in  the  State  of  Idaho  to  cause  to  be  erected, 
and  to  keep  in  repair,  upon  all  public  school  houses,  or 
within  the  school  house  grounds  surrounding  such  public 
school  building,  a  good  and  sufficient  flag  staff  or  pole, 
together  with  all  necessary  adjustments,  and  they  shall  pro- 
vide a  United  States  flag  of  not  less  than  four  (4)  by  eight 
(8)  feet  in  size,  which  shall  be  floated  from  such  flag  staff 
or  pole  during  the  school  hours  of  such  days  as  the  trus- 


38  IDAHO   SCHOOL  LAWS. 

tees  and  teacher  may  determine;  Provided:  That  the  flag 
shall  not  be  hoisted  on  any  school  building  during  any  day 
when  a  violent  storm  or  inclement  weather  would  destroy 
or  materially  injure  such  flag.  The  flag  used  by  any  and 
all  such  school  districts,  as  provided  for  in  this  section  shall 
b'e  paid  for  out  of  the  current  expense  fund  of  said  district. 
The  flags  for  use  of  public  school  buildings  are  hereby 
declared  to  be  necessary  supplies  and  are  to  be  paid  for 
from  the  aforesaid  fund.  Any  person  or  persons  who  shall 
wilfully  injure,  deface,  or  destroy  any  flag,  flag  staff  or 
pole,  or  adjustment  attached  thereto,  erected  and  arranged 
for  the  purpose  of  carrying  out  the  requirements  of  this 
section,  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion, shall  be  fined  not  less  than  Five  Dollars  ($5.00),  nor 
more  than  Fifteen  Dollars  ($15). 

Laws    1911,   page    508. 

Non-Kesident  Pupils — Attendance — Conditions. 

Sec.  60.  Trustees  may  determine  whether  pupils  out- 
side of  their  counties  may  attend  school  within  their  dis- 
tricts and  upon  what  terms. 

Laws  1911,  page  509. 

Annual  Financial  Report — Publication  and  Posting. 

Sec.  61.  It  is  the  duty  of  the  Board  of  School  Trustees 
to  make  a  report  in  writing,  on  the  first  day  of  July,  of  the 
financial  condition  of  their  respective  school  districts,  show- 
ing the  amount  of  money  received,  from  what  source,  the 
amount  expended,  and  in  what  manner  and  for  what  pur- 
pose expended,  and  the  amount  of  money  in  the  treasury  of 
the  district  or  to  the  credit  of  the  district  on  hand  at  the 
date  of  the  report,  the  said  report  to  show  in  full  the  finan- 
cial condition  of  the  district  at  the  date  thereof;  Provided: 
That  the  report  of  any  expenditure  shall  contain  the  spe- 
cific items,  amounts,  the  names  to  whom  such  expenditures 
were  made.  It  is  hereby  made  the  duty  of  School  Trus- 
tees of  each  district  to  cause  the  said  report  to  be  posted 
in  three  (3)  conspicuous  places  in  the  district,  one  (1)  of 
which  shall  be  posted  on  the  school  house  door  of  said 
school  district,  and  to  retain  a  copy  of  said  report  in  the 
office  of  the  clerk  of  the  school  board  of  the  school  district, 
where  the  same  may  be  open  at  all  times  to  examination  and 
inspection  by  any  person.  Provided:  That  in  Independent 
Districts  the  aforesaid  financial  report  shall  be  published 
in  one  issue  of  a  newspaper  nearest  the  school  house  of  said 
district. 

Laws  1913,  page  445.     Formerly  Laws   1911,  page  509. 
Cited:     State  ex  rel.  vs.  Wylie  et  al.,  24  Ida.  548;  135  Pac.  59. 


IDAHO   SCHOOL   LAWS. 


39 


Meetings    Called    By    County    Superintendent — Expenses    of    Del- 
egates. 

Sec.  62.  That  the  Board  of  Trustees  of  every  common 
school  district  and  the  Board  of  Education  of  every  In- 
dependent School  District  are  authorized  to  select  one  (1) 
of  their  members  to  attend  any  meeting  called  by  the  Coun- 
ty Superintendent  for  the  purpose  of  general  instruction, 
and  are  authorized  to  defray  the  expenses  of  such  member, 
in  an  amount  not  to  exceed  the  sum  of  Three  Dollars  ($3.00) 
per  diem,  and  Three  Cents  (3c)  per  mile  going  to  and  from 
such  meeting,  such  expense  to  be  paid  for  from  the  general 
fund  of  the  district;  Provided:  That  such  allowance  shall 
not  be  for  more  than  two  (2)  days  in  any  one  (1)  year. 

Laws  of  1911,  page  509. 


ARTICLE  VII. 
SCHOOL  FUNDS  AND  FINANCES. 


Section. 

63.  Public  school  fund. 

64.  Additional  school  lands. 

65.  County  school  taxes. 

65a.  Levy  by  County  Commis- 
sioners. 

65b.  Certification  of  levy  to 
County  Commissioners. 

65c.  Collection  of  taxes  by 
county:  Commission  to 
county. 

66.  Apportionment      of     school 

funds  to  counties. 

67.  Apportionment    by    County 

Superintendents. 

68.  Accounts   of  County  Treas- 

urer with  school  districts: 
Duties  of  Treasurer. 

69.  Same:      Duties     of     County 

Superintendent. 

70.  School        warrants:         How 

drawn:      Orders    for   war- 
rants. 


Section. 

71.  Deficiency  warrants:    When 

allowed. 

7 la.  Deficiency  warrants  in 
emergency  cases. 

71b.  State  Board  of  Education 
exclusive  judge. 

71c.  Act  effective  until  January 
1st,  1916. 

7 Id.  Creating  deficiency:  Pen- 
alty. 

72.  Orders  for  warrants:  Coun- 

ty       Superintendent        to 
countersign. 

73.  Issuance   of   warrants:    Du- 

ties   of    Auditor. 

74.  Warrants:          Presentment: 

Non-payment. 

75.  Investment        of        surplus 

money   of   school   district. 


Public  School  Fund. 

Section  63.  The  public  school  fund  of  the  State  shall 
consist  of  the  proceeds  of  such  lands  as  have  hitherto  been 
granted,  or  may  hereafter  be  granted,  to  the  State  by  the 
general  government,  known  as  "school  lands"  and  those 
granted  in  lieu  of  such  lands,  acquired  by  gift  or  grant  from 
any  person  or  corporation  under  any  law  or  grant,  and  of 
all  other  grants  of  land  or  money  made  to  the  State  for 
general  educational  purposes,  and  all  moneys  accruing  to 
the  State  from  the  estates  of  deceased  persons. 

Laws  1911,  page  510. 


40  IDAHO   SCHOOL  LAWS. 

Additional  School  Lands, 

Sec.  64.  All  lands,  title  to  which  is  acquired  by  the 
State  by  foreclosure  or  otherwise,  on  loans  of  school  funds 
and  all  lands  which  escheat  to  the  State  by  virtue  of  Sec- 
tion 5717  of  the  Idaho  Codes  of  1909  or  otherwise,  shall  be 
held  and  treated  as  school  lands,  and  may  be  sold  and  dis- 
posed of  in  the  same  manner.  Said  lands  shall  be  under 
the  charge  'and  control  of  the  State  Land  Board. 

Laws  1911,  page  510. 

County  School  Taxes. 

Sec.  65.  The  tax  for  general  school  purposes,  levied 
for  the  purpose  of  establishing  and  maintaining  public 
schools  in  the  several  counties  of  this  State,  must  be  levied 
by  the  Board  of  County  Commissioners  at  its  session  when 
the  tax  is  by  it  levied  for  county  purposes  and  must  be  col- 
lected by  the  same  officers  and  in  the  same  manner  as  other 
State  and  county  taxes  are  collected,  and  paid  into  the  coun- 
ty treasury  and  apportioned  to  the  county  school  fund. 

For  the  further  support  of  the  public  schools,  all  moneys 
collected  from  fines,  forfeitures  or  breaches  under  any  of 
the  penal  laws  of  this  State,  shall  be  paid  into  the  county 
treasury  and  apportioned  to  the  county  school  fund. 

Laws   1913,  page  530.     Formerly  Laws  1911,  page  510. 

This  section,  as  it  existed  in  1911,  was  mandatory,  and  required  the 
County  Commissioners  to  levy  not  less  than  a  5 -mill  tax  annually  for 
school  purposes. 

Fenton  vs.  Board,  20  Ida.  392;   119  Pac.  41. 

Dart  vs.   Board,   20   Ida.    445;    119   Pac.   52. 

Cited:    Coon  vs.  Sommercamp   (Ida.)   146  Pac.  728. 

Levy  By  County  Commissioners. 

Sec.  65a.  The  Board  of  County  Commissioners  must 
also  levy  a  tax  for  general  school  purposes,  to  be  collected 
and  paid  into  the  county  treasury  and  apportioned  to  the 
county  school  fund,  which  levy  shall  not  exceed  fifty  cents, 
or  be  less  than  fifteen  cents,  on  each  one  hundred  dollars  of 
such  assessed  valuation. 

A  portion  of  Sec.  99,  Chap.  58,  Laws  1913,  page  204. 

Certification  of  Levy  to  County  Commissioners. 

Sec.  65b.  The  governing  authorities  of  every  city, 
town,  village,  school  district,  or  any  other  district  or  muni- 
cipality to  which  is  delegated  by  law  the  power  to  levy 
taxes  must,  on  or  before  the  third  Monday  of  September  in 
each  year,  certify  to  the  County  Auditor  the  tax  rate  levied 
by  any  such  city,  town,  village,  school  district  or  other 


IDAHO   SCHOOL   LAWS.  41 

district  or  muncipality  for  the  said  year  upon  any  prop- 
erty situated  therein,  and  the  County  Auditor  shall  on  or 
before  said  date  file  a  certified  list  of  such  levies  in  the  of- 
fice of  the  Assessor  and  in  the  office  of  the  tax  collector. 

Sec.   103,  Chap.  58,  Laws  1913,  page  206. 

,Clted:     Coon  vs.   Sommercamp,  Ida.   146   Pac.   728. 

Collection  of  Taxes  By  County — Commission  to  County. 

Sec.  65c.  All  taxes  of  every  city,  town,  village, 
school  district  or  other  district  or  municipality,  levied  ac- 
cording to  law  and  certified  in  accordance  with  the  pro- 
visions of  this  Act,  shall  be  collected  and  paid  into  the 
county  treasury  and  apportioned  to  such  city,  town,  vil- 
lage, school  district  or  other  district  or  municipality;  Pro- 
vided :  That  one  and  one-half  per  cent  of  all  taxes  collected 
and  paid  into  the  county  treasury  for  every  incorporated 
city,  town  or  village,  and  every  independent  school  district, 
and  every  other  district  or  municipality  having  a  treasurer 
whose  duty  it  is  to  receive,  keep  and  disburse  all  moneys 
belonging  to  such  incorporated  city,  town,  village,  inde- 
pendent school  district  or  other  district  or  municipality, 
shall  be  apportioned  to  the  county  current  expense  fund, 
which  apportionment  shall  be  in  full  for  all  services  of  all 
county  officers  in  the  levy,  computation  and  collection  of 
such  taxes. 

Sec.   104,  Chap.   58,  Laws  1913,  page  206. 

Apportionment  of  School  Funds  to  Counties. 

Sec.  66.  The  income  of  the  State  School  Fund  and 
taxes  collected  by  the  State  for  the  support  of  the  public 
schools  which  shall  be  received  up  to  the  first  day  of  Janu- 
ary and  the  first  day  of  July  of  each  year,  shall  be  distrib- 
uted semi-annually  during  said  months,  respectively,  in  each 
year  among  the  several  counties  of  the  State  from  which 
reports  have  been  received  by  the  State  Superintendent  of 
Public  Instruction,  as  provided  in  this  Chapter,  in  proportion 
to  the  number  of  children  of  school  age,  as  shown  by  the  last 
school  census  list  of  each  county,  and  the  Superintendent  of 
Public  Instruction  shall  certify  such  apportionment  to  the 
State  Auditor,  and,  upon  such  certificate,  the  Auditor  shall 
draw  his  warrant  in  favor  of  the  county  treasurer  of  each 
county,  for  the  amount  due  such  county.  The  Superintend- 
ent shall  also  certify  to  the  treasurer  and  superintendent 
of  each  county  the  amount  apportioned  to  each  county. 

Laws  1911,  page  510. 

Apportionment  by  County  Superintendents. 

Sec.  67.     The  County  Superintendent  shall  require  from 


42  IDAHO   SCHOOL  LAWS. 

the  County  Treasurer,  quarterly  each  year,  a  report  of  the 
amount  of  money  on  hand  to  the  credit  of  the  school  fund 
of  his  county,  not  already  apportioned,  and  the  County 
Treasurer  shall  furnish  such  report  when  required.  The 
County  Superintendent,  upon  receiving  such  report,  shall 
proceed  to  apportion  the  public  school  moneys,  both  county 
and  state,  reported  by  the  County  Treasurer  to  be  in  the 
County  Treasury,  among  the  several  school  districts  in  the 
following  manner,  to-wit : 

Forty  per  cent  (40%)  of  the  whole  amount  he  shall  ap- 
portion among  the  several  districts  of  his  county  in  pro- 
portion to  the  number  of  teachers  regularly  employed  by 
each  district;  forty  per  cent  (40%)  of  the  whole  amount  he 
shall  apportion  per  capita  among  the  several  districts  in  pro- 
portion to  the  number  of  children  in  each  district  as  shown 
by  the  last  report  of  the  census  marshal;  Provided:  That 
no  district  shall  be  considered  as  having  less  than  twenty- 
five  (25)  census  pupils  for  the  purpose  of  apportioning  all 
school  moneys;  seventeen  per  cent  (17%)  of  the  whole 
amount,  or  so  much  thereof  as  is  needed,  he  shall  use  for  the 
relief  of  all  districts  organized  under  Article  V.  of  this  Act, 
which  after  having  levied  'a:  special  tax  of  ten  (10)  mills, 
have  not  sufficient  funds,  including  their  regular  apportion- 
ment, to  maintain  the  minimum  term  as  provided  in  Section 
54  of  this  Act.  The  County  Superintendent  shall  be  the  judge 
of  the  needs  of  such  districts.  Three  per  cent  (3%)  of  the 
whole  amount,  or  so  much  thereof  as  is  needed,  he  shall 
apportion  among  the  Rural  High  School  Districts  and  Con- 
solidated Districts  which  carry  approved  high  school  work 
meeting  the  requirements  set  forth  in  Section  137  of  this 
Act,  in  proportion  to  the  number  of  teachers  regularly 
employed  in  such  high  school  work.  The  amount  apportion- 
ed to  any  such  high  school  shall  not  exceed  the  sum  of  Two 
Hundred  Dollars  ($200.00)  in  any  school  year  for  each 
teacher  so  employed  in  such  high  school. 

Any  amount  remaining  after  the  apportionment  as  above 
set  forth,  shall  be  apportioned  among  the  several  districts 
in  accordance  with  the  school  census  as  provided  above  for 
the  apportionment  of  the  second  forty  per  cent  (40%). 

Provided,  for  all  apportionments  in  this  Section  any 
Joint  District,  or  Joint  Rural  High  School  District  shall 
receive  from  each  county  in  which  it  lies  for  every  teacher 
such  portion  of  a  teacher's  share  as  the  census  of  the  part 
of  the  joint  district  which  lies  in  said  county  bears  to  the 
whole  census  of  the  joint  district. 

Laws   1915,   page   212.      Formerly  Laws   1911,   page   511;   Laws   1912, 
page  51. 


IDAHO   SCHOOL   LAWS.  43 

Accounts  of  County  Treasurer  With  School  Districts — Duties  of 
Treasurer. 

Sec.  68.  It  is  hereby  made  the  duty  of  the  County 
Treasurer  of  each  county  to  keep  a  separate  account  with 
each  school  district  in  the  county;  place  to  the  credit  of 
each  the  amount  of  money  certified  to  by  the  County  Su- 
perintendent, as  provided  in  this  Chapter,  and  to  pay  over 
the  money  on  legally  drawn  warrants  or  orders  of  the  dist- 
rict officers  entitled  to  the  same;  Provided:  That  it  shall 
be  the  duty  of  the  County  Superintendent,  whenever  any 
Board  of  Trustees  fails  to  comply  with  the  provisions  of 
this  Chapter,  or  any  subsequent  Act,  to  notify  the  County 
Treasurer  in  writing  that  there  has  been  a  failure  upon  the 
part  of  such  Board  of  Trustees  to  comply  with  the  law. 
Whereupon  it  shall  be  the  duty  of  the  County  Treasurer  to 
withhold  all  moneys  apportioned  to  the  district  governed 
by  said  Board  of  Trustees,  until  he  shall  have  received 
notice  from  the  County  Superintendent  that  the  Board 
governing  said  district  has  fully  complied  with  the  law.  All 
moneys  that  shall  be  finally  forfeited  by  any  district  shall 
be  put  into  the  general  school  fund  of  the  county  and  be 
apportioned  as  other  moneys.  And  it  shall  be  the  duty  of 
said  Treasurer  to  receive  and  hold,  as  special  deposits,  all 
moneys  belonging  to  the  public  school  fund  of  his  county, 
in  accordance  with  the  provisions  of  this  Chapter,  and  to 
pay  them  over  only  on  warrants  of  the  County  Auditor; 
Provided,  further:  That  the  said  County  Treasurer  shall 
pay  over  to  the  Treasurer  of  any  Independent  School  Dis- 
trict organized  under  the  provisions  of  this  Chapter,  all 
moneys  belonging  to  such  district,  upon  the  presentation 
of  an  order  from  the  Clerk  of  the  Board  of  Trustees  of  such 
district,  signed  also  by  the  Chairman  thereof,  and  counter- 
signed by  the  County  Superintendent  and  County  Auditor. 

Laws  1911,  page  512. 

Cross  Reference:    See  Sec.  200,  Chapter  58,  Laws  1913,  page  238. 
Sec.  200  of  the  Revenue  Law,  Laws  1913,  page  238,  changes  the  pro- 
cedure outlined  in  the  above  section. 

Opinion  Attorney  General.     Grace  M.  Shepherd,  1-30-'14. 

Same — Duties  of  County  Superintendent. 

Sec.  69.  It  shall  be  the  duty  of  the  County  Superintend- 
ent in  each  county  to  keep  a  separate  account  with  each 
school  district  in  his  county;  to  place  to  the  credit  of  each 
district  the  amount  apportioned  by  him  as  provided  for  in 
this  Article;  to  countersign  all  legally  drawn  warrants  and 
orders  of  the  district  officers  entitled  to  draw  the  same ;  to 
enter  the  same  upon  his  books  in  proper  form,  giving  date, 
number  of  such  warrant  or  order,  to  whom  drawn,  for  what 


44  IDAHO   SCHOOL  LAWS. 

purpose,  and  the  amount  of  the  same.  And  further,  it  shall 
be  the  duty  of  the  County  Superintendent  to  collect,  by  pro- 
cess of  law,  all  penal  fines  not  paid  over  by  the  justices  of 
the  peace,  or  other  officers  required  by  law  to  pay  the  same 
into  the  County  Treasury;  and  the  same  may  be  collected 
and  recovered  by  action  at  law,  in  which  the  State  of  Idaho, 
by  the  County  Superintendent,  is  plaintiff  and  the  officer 
neglecting  or  refusing  to  pay  over  said  moneys  is  defendant. 

Laws    1911,    page    513. 

School  Warrants — How  Drawn — Orders  for  Warrants. 

Sec.  70.  It  shall  be  the  duty  of  the  County  Auditor 
upon  presentation  of  any  order  from  the  Clerk  of  the  Board 
of  Trustees  of  any  school  district  in  his  county,  (said  order 
also  being  signed  by  the  chairman  of  the  said  Board  of 
Trustees,  or  in  his  absence,  by  the  other  members  of  the 
Board)  to  draw  his  warrant  upon  the  school  fund  stand- 
ing to  the  credit  of  the  said  district  in  favor  of  the  persons 
mentioned  in  said  order;  Provided:  That  the  said  orders 
have  been  countersigned  by  the  County  Superintendent, 
but  in  no  case  shall  he  issue  a  warrant  for  a  greater  amount 
than  there  is  cash  in  the  Treasury  to  the  credit  of  said  dis- 
trict, except  as  provided  in  the  four  following  Sections ;  Pro- 
vided, further :  That,  in  the  case  of  Independent  School  Dis- 
tricts, the  above  shall  be  inoperative  and  the  warrant  of  the 
Clerk  of  the  Board,  countersigned  by  the  chairman  of  the 
Board,  or,  in  his  absence,  by  the  other  members  of  the 
Board,  shall  become  a  demand  on  the  Treasurer  of  the  In- 
dependent School  District  for  the  amount  of  the  warrant.  In 
no  case  shall  a  warrant  be  issued  in  an  Independent  School 
District  for  a  greater  amount  than  there  is  cash  in  the 
Treasury  of  the  district,  except  as  provided  in  the  four  fol- 
lowing Sections. 

Laws  1911,  page  513. 

Deficiency  Warrants — When  Allowed. 

Sec.  71.  The  Trustees  of  any  school  district  may  issue 
orders  for  warrants  for  the  payment  of  teachers  for  their 
services  in  teaching,  and  for  other  necessary  expenses  con- 
nected with  the  school,  whether  or  not  there  is  any  money 
in  the  treasury  to  the  credit  of  the  district  issuing  such 
orders  for  warrants;  Provided:  That  the  total  amount  of 
such  orders  for  warrants  do  not  exceed  the  income  and 
revenue  for  such  district  for  such  year;  Provided,  further: 
That  the  total  amount  of  such  orders  for  warrants  or  In- 
dependent School  District  warrants  shall  not  exceed  ninety- 
five  (95)  per  cent  of  the  income  and  revenue  for  such  dis- 


IDAHO   SCHOOL   LAWS.  45 

trict  for  such  year,  until  such  income  and  revenue  has  been 
paid  into  the  Treasury  to  the  credit  of  the  district  issuing 
such  orders  for  warrants. 

Laws  1911,  page  513. 

The  income  of  a  school  district  for  the  school  year  1914-1915  is  the 
amount  of  the  special  tax  levied  in  the  fall  of  1914  plus  the  appor- 
tionments made  by  the  County  Superintendent  on  October  1st,  1914, 
and  January  1st,  April  1st,  and  July  1st,  1915.  The  total  expenditures 
of  common  school  districts  cannot  exceed  the  above  amount,  and  this 
section  gives  authority  to  such  school  districts  to  issue  deficiency  war- 
rants, which  when  added  to  their  other  expenditures,  will  not  exceed 
this  amount.  As  all  the  income  is  not  paid  in  prior  to  the  close  of  the 
school  year  it  is  necessary  to  estimate  the  income  as  above  set  forth  to 
determine  the  amount  of  deficiency  warrants  which  may  issue. 

Op.  Attorney  General.     E.   O.  Sisson,  4-14-'15. 

Deficiency  Warrants  in  Emergency  Cases. 

Sec.  7 la.  That  the  trustees  of  any  common  school 
district  of  the  State  of  Idaho  may  issue  orders  for  warrants 
for  the  payment  of  teachers  for  services  in  teaching,  and 
for  other  necessary  expenses  connected  with  the  school, 
whether  or  not  there  is  any  money  in  the  treasury  to  the 
credit  of  the  district  issuing  such  orders  for  warrants; 
Provided,  That  the  total  amount  of  such  orders  for  warrants 
shall  not  exceed  the  amount  of  ordinary  and  necessary 
maintenance  expenses  of  such  district  for  the  minimum 
term  as  required  by  the  laws  of  the  State  of  Idaho. 

Laws   1915,  page   19,  Sec.   1. 

This  section  is  an  emergency  act  and  has  no  bearing  on  Sec.  71 
supra.  The  act  contemplates  an  expenditure  in  excess  of  the  yearly 
income,  and  such  expenditure  can  only  be  made  upon  the  approval 
of  the  State  Board  of  Education. 

Op.  Attorney  General.     Allen  P.  Asher,  5-3-'15. 

State  Board  of  Education  Exclusive  Judge. 

Sec.  71b.  The  State  Board  of  Education  shall  be  the 
sole  and  exclusive  judge  of  the  necessity  of  issuing  such  war- 
rants, and  of  the  amount  thereof  as  provided  in  the  pre- 
ceding section.  The  approval  of  the  State  Board  of  Edu- 
cation shall  be  filed  by  the  Board  of  Trustees  of  any  common 
school  district  issuing  orders  for  warrants  as  herein  pro- 
vided with  the  county  superintendent  of  public  instruction 
as  a  prerequisite  to  the  issuance  of  warrants. 

Laws  1915,  page  20,  Sec.  2. 

Act  Effective  Until  January  1st,  1916. 

Sec.  71c.  This  act  and  the  powers  conferred  thereby 
shall  expire  on  January  1,  1916. 

Laws   1915,   page   20,  Sec.   3. 

Creating  Deficiency — Penalty. 

Sec.  7 Id.  That  all  county,  town,  municipal,  road 
and  school  district  officials  who  issue  orders  or  warrants  or 


46  IDAHO   SCHOOL  LAWS. 

approve  bills  or  order  county  warrants  to  be  drawn  in  'ex- 
cess of  the  levies  made  for  the  different  county,  town,  muni- 
cipal, road  or  school  district  funds  shall  be  liable,  both 
personally  and  on  their  official  bond  for  the  payment  of 
any  such  excess. 

Laws  1915,  page  262. 

Sections  71  and  7 la  to  71c  inclusive,  referring  to  deficiency  war- 
rants, permit  their  issuance  up  to  the  estimated  income  for  the  year 
or  above  such  income  when  authority  is  given  by  the  State  Board  of 
Education.  Section  7 Id  refers  only  to  the  issuance  of  warrants  in 
excess  of  the  estimated  income  of  the  year,  when  issued  without  the 
authority  of  the  State  Board  of  Education. 

Op.  Attorney  General. 

Orders  for  Warrants — County  Superintendent  to  Countersign. 

Sec.  72.  It  shall  be  the  duty  of  the  County  Superin- 
tendent of  the  county  in  which  such  orders  for  warrants 
are  issued  to  countersign  all  such  legally  drawn  orders  for 
warrants  when  presented  to  him  for  signature. 

Laws   1911,   page   514. 

Issuance  of  Warrants — Duties  of  Auditor. 

Sec.  73.  On  the  presentation  of  an  order  for  a  warrant 
properly  countersigned  by  the  County  Superintendent,  the 
County  Auditor  shall  issue  a  county  warrant  for  the  same 
as  provided  by  law,  after  which  he  shall  return  the  order 
for  the  warrant  to  the  clerk  of  the  school  district  from 
which  said  order  was  issued. 

Laws   1913,   page   445.      Formerly  Laws   1911,   page   514. 

Warrants — Presentment — Non-Payment. 

Sec.  74.  The  person  holding  such  warrant  issued  by 
the  County  Auditor  or  Independent  School  District  may 
present  the  same  to  the  County  Treasurer  or  Independent 
School  District  Treasurer  for  payment.  If  there  is  not 
money  in  the  treasury  to  the  credit  of  the  said  district  on 
which  the  warrant  is  drawn  to  pay  such  warrant,  the 
Treasurer  shall  indorse  on  the  back  of  said  warrant,  "Not 
paid  for  want  of  funds."  Warrants  so  indorsed  by  the 
County  Treasurer  or  Independent  School  District  Treasurer 
shall  draw  interest  at  the  rate  of  seven  (7)  per  cent  per 
annum  from  the  date  of  indorsement  until  paid ;  Provided : 
That,  when  the  warrants  of  the  district  shall  be  at  a  dis- 
count, the  warrant  shall  be  drawn  for  a  sufficient  amount 
to  cover  the  discount. 

Laws    1911,    page    514. 

Investment  of  Surplus  Money  of  School  District. 

Sec.  75.  Whenever  there  shall  have  accumulated  in  the 
hands  of  the  Treasurer  of  any  School  District  in  the  State, 


IDAHO   SCHOOL   LAWS.  47 

moneys  belonging  to  said  School  District  to  an  amount  in 
excess  of  the  amount  which,  in  the  opinion  of  the  School 
District  Board  of  said  District,  shall  be  necessary  for  the 
current  expenses  of  maintaining  the  schools  in  said  District, 
the  same  shall  be  invested  by  said  Board  in  United 
States  bonds,  State  bonds,  State  warrants  or  county  war- 
rants, when  the  market  value  thereof  is  not  below  par.  And 
said  Board  shall  deposit  said  securities  in  some  safe  deposit, 
and  they  shall  there  be  kept  until  it  shall  become  necessary 
to  convert  the  same  into  money  for  school  district  purposes, 
to  be  determined  by  said  Board. 

Laws  1911,  page  514. 

ARTICLE  VIII. 
SCHOOL  DISTRICT  BONDS. 

Section.  Section. 

76.  Bond  elections:  Call:  Quali-  81.      Redemption    of   bonds. 

fled  voters.  82.      Payment      of      interest      on 

77.  Bond     elections:       Issuance  bonds. 

and  registration  of  bonds.  82a.   Redemption    of   bonds    sold 

78.  Sale    of   bonds.  to  state. 

79.  Liability     of     districts     for  83.     Bonds   to   be    printed. 

bonds.  84.     Neglect  to  pay  over  money 

80.  Tax  levy  to  pay  bonds:    In-  a  felony. 

vestment  of  sinking  fund. 

Bond  Elections — Call — Qualified  Voters. 

Sec.  76.  The  Board  of  School  Trustees  of  any  school 
district  may,  whenever  a  majority  so  decides,  submit  to 
the  qualified  voters  of  the  State  of  Idaho  who  are  resident 
freeholders  or  householders  of  the  district,  and  their  wives 
who  are  qualified  electors,  the  question  whether  the  Board 
shall  be  authorized  to  issue  coupon  bonds  to  a  certain 
amount,  not  to  exceed  four  (4)  per  cent  of  the  assessed  valu- 
ation of  the  property  in  said  district  and  bearing  a  rate  of 
interest  not  exceeding  six  (6)  per  cent  per  annum,  and  pay- 
able and  redeemable  at  a  certain  time,  for  the  purpose  of 
building  or  providing  one  or  more  school  houses  in  said  dis- 
trict, with  all  necessary  furniture,  desks,  blackboards, 
globes,  charts,  outlines,  maps,  etc.  And  the  Board  of  School 
Trustees  of  any  School  District  which  has  issued  bonds  for 
any  of  the  purposes  enumerated  in  this  Section,  may  submit 
to  the  electors  of  such  district  the  question  whether  the 
Board  shall  be  authorized  to  issue  coupon  bonds  to  refund 
or  take  up  any  of  the  bonded  indebtedness  of  such  district, 
at  a  rate  of  interest  not  exceeding  six  (6)  per  cent  per 
annum. 

Laws  of  1913,   page   529.     Formerly  Laws   1911,  page   515. 


48  IDAHO   SCHOOL  LAWS. 

Bond  Elections — Issuance  and  Kegistration  of  Bonds. 

Sec.  77.  Such  elections  must  be  held  in  the  manner 
prescribed  for  elections  in  this  Chapter.  The  ballots  must 
contain  the  words  "Bonds,  Yes"  or  "Bonds,  No."  If  two- 
thirds  of  the  votes  cast  at  such  elections  are  "Bonds,  Yes," 
the  Board  of  Trustees  must  issue  such  bonds  in  such  form 
as  said  Board  may  direct;  they  must  bear  the  signature  of 
the  chairman  of  the  Board  of  Trustees,  and  be  countersigned 
by  the  Clerk  of  the  School  District,  and  the  coupons  attached 
to  the  bonds  must  be  signed  by  said  chairman  and  said 
Clerk;  and  each  bond  so  issued  must  be  registered  by  the 
County  Treasurer  in  a  book  provided  for  that  purpose,  which 
must  show  the  number  and  amount  of  each  bond  and  the 
person  to  whom  the  same  is  issued,  and  the  said  bonds  must 
be  sold  by  the  said  School  Trustees  as  hereinafter  provided. 

Laws   1911,  page  515. 

Sale  of  Bonds. 

Sec.  78.  The  School  Trustees  must  give  notice  in  some 
newspaper  published  in  the  State,  for  a  period  of  not  less 
than  four  (4)  weeks,  to  the  effect  that  said  School  Trustees 
will  sell  said  bonds,  briefly  describing  the  same,  and  stating 
the  time  when,  and-the  place  where  said  sale  will  take  place ; 
Provided:  That  the  said  bonds  must  not  be  sold  for  less 
than  their  par  value,  and  the  Trustees  are  authorized  to  re- 
ject any  bids  and  to  sell  said  bonds  at  private  sale  if  they 
deem  it  for  the  best  interest  of  the  district,  and  all  moneys 
arising  from  the  sale  of  said  bonds  must  be  paid  forthwith 
into  the  treasury  of  the  county  in  which  said  District  may 
be  located,  to  the  credit  of  said  District,  and  the  same  are 
immediately  available  for  any  of  the  purposes  authorized 
by  this  Chapter. 

Laws   1911,   page   515. 

Liability  of  Districts  for  Bonds. 

Sec.  79.  The  faith  of  each  School  District  is  solemnly 
pledged  for  the  payment  of  the  interest  and  the  redemption 
of  the  principal  of  all  bonds,  which  are  issued  under  this 
Article.  And  for  the  purpose  of  enforcing  the  provisions 
of  this  Article,  each  School  District  is  'a  body  corporate, 
and  may  sue  and  be  sued  by  or  in  the  name  of  the  Board  of 
School  Trustees  of  said  District. 

Laws  1911,  page  516. 

Tax  Levy  to  Pay  Bonds — Investment  of  Sinking  Fund. 

Sec.  80.  The  School  Trustees  of  each  District  must  as- 
certain and  levy  annually  the  tax  necessary  to  pay  the  in- 


IDAHO   SCHOOL   LAWS.  49 

terest  as  it  becomes  due  and  to  create  a  sinking  fund  to 
redeem  the  bonds  at  their  maturity,  and  said  tax  is  a  lien 
upon  the  property  of  said  School  District,  and  must  be 
collected  in  the  same  manner  as  other  taxes  for  school  pur- 
poses; Provided-.  That  the  said  sinking  fund  may,  at  the 
discretion  of  the  Board,  be  loaned  on  first  mortgage  or  im- 
proved farm  lands,  but  no  loan  shall  exceed  one-third  (1-3) 
of  the  market  value  of  the  land,  exclusive  of  the  improve- 
ments thereon,  given  as  security  for  such  loans.  The  annual 
interest  on  all  loans  herein  provided  for  shall  be  seven  (7) 
per  cent.  Said  sinking  fund  may  be  invested  in  United 
States  bonds,  State  bonds,  county  bonds,  county  or  State 
warrants,  when  the  market  value  thereof  is  not  below  par, 
at  the  discretion  of  said  Board. 

Laws   1911,   page   516. 

Redemption  of  Bonds. 

Sec.  81.  When  the  sum  in  the  sinking  fund  equals  or 
exceeds  the  amount  of  any  bond  then  due,  the  County 
Treasurer  shall  post  in  his  office  a  notice  that  he  will, 
within  thirty  (30)  days  from  the  date  of  such  notice,  re- 
deem the  bonds  then  payable,  giving  the  number  thereof, 
and  the  preference  must  be  given  to  the  oldest  issue;  and 
if,  at  the  expiration  of  the  said  thirty  (30)  days,  the  holder 
or  holders  of  said  bonds  shall  fail  or  neglect  to  present 
the  same  for  payment,  interest  thereon  must  cease ;  but  the 
Treasurer  shall,  at  all  times  thereafter,  be  ready  to  redeem 
the  same  on  presentation,  and  when  any  bonds  are  so  pur- 
chased or  redeemed,  the  County  Treasurer  must  cancel  the 
same  by  writing  across  the  face  of  each  bond,  in  red  ink, 
the  word  "Redeemed/*  and  date  of  such  redemption ;  Provid- 
ed, however,  That  where  such  bonds  have  been  sold  to  the 
State  of  Idaho,  the  said  County  Treasurer  shall  when  anv 
bond  is  due,  send  the  money  for  the  redemption  of  such 
bond  to  the  State  Board  of  Land  Commissioners  at  Boise, 
Idaho,  for  the  purpose  of  redeeming  such  bond  or  bonds; 
the  said  State  Board  of  Land  Commissioners  on  receipt 
of  said  money,  if  received  at  a  proper  time  for  payment  of 
said  bond,  shall  cancel  said  bond  by  writing  across  the  face 
of  each  bond  in  red  ink  the  word  "redeemed"  and  the  date 
of  the  redemption,  and  shall  return  such  bond  or  bonds  to 
the  county  treasurer  sending  such  money  for  the  redemption 
thereof. 

Laws  1913,  page  516.     Formerly  Laws  1911,  page  516. 

Payment  of  Interest  on  Bonds. 

Sec.  82.     The  County  Treasurer  must  pay  out  on  any 


50  IDAHO   SCHOOL  LAWS. 

moneys  belonging  to  a  school  district  the  interest  upon  any 
bonds  issued  under  this  Article  by  such  school  district,  when 
the  same  becomes  due,  upon  the  presentation  at  this  office  of 
the  proper  coupon,  which  must  show  the  amount  due  and 
the  number  of  the  bond  to  which  it  belonged;  and  all  cou- 
pons so  paid  must  be  reported  to  the  school  trustees  at  the 
first  meeting  thereafter;  Provided,  That  when  such  bonds 
have  been  sold  to  the  State  of  Idaho,  and  the  county  treasur- 
er has  money  in  the  fund  for  the  purpose  of  paying  the  cou- 
pons on  such  bonds  when  due,  such  county  treasurer  shall 
send  such  money  for  the  redemption  of  such  coupons  to 
the  State  Board  of  Land  Commissioners  at  Boise,  Idaho,  and 
the  said  State  Board  of  Land  Commissioners  on  receipt  of 
such  money  shall  clip  said  coupons  and  cancel  the  same  and 
return  such  coupons  to  the  county  treasurer  sending  the 
money  for  the  payment  of  such  coupons. 

Laws  1913,  page  517.     Formerly  Laws  1911,  page  517. 

Redemption  of  Bonds  Sold  to  State. 

Sec.  82a.  That  whenever  bonds  of  independent  school 
districts  in  the  State  of  Idaho  have  been  sold  to  the 
State,  the  treasurer  of  such  school  district  when  any  funds 
are  available  for  the  redemption  of  such  bonds  or  the  in- 
terest coupons  thereon,  shall  send  the  money  for  the  redemp- 
tion of  such  bonds  or  interest  coupons  thereon  to  the  State 
Board  of  Land  Commissioners  at  Boise,  Idaho,  for  the  re- 
demption thereof;  the  said  State  Board  of  Land  Commis- 
sioners upon  receipt  of  such  money,  if  received  at  the  proper 
time  for  the  payment  or  redemption  of  either  the  bond  or 
coupon  shall  mark  such  bond  or  coupon  cancelled  and  paid, 
and  shall  forthwith  return  the  same  to  the  treasurer  of  the 
school  district  sending  the  money  therefor. 

Laws   1913,   page   517,   Sec.    3. 

Bonds  to  be  Printed. 

Sec.  83.  The  School  Trustees  of  any  district  must 
cause  to  be  printed  or  lithographed,  at  the  lowest  rates, 
suitable  bonds,  with  the  coupons  attached,  when  the  same 
becomes  necessary,  and  pay  therefor  out  of  any  moneys 
in  the  County  Treasury  to  the  credit  of  the  school  District. 

Laws  1911,  page   517. 

Neglect  to  Pay  Over  Money  a  Felony. 

Sec.  84.  If  any  of  the  School  Trustees,  other  than  In- 
dependent School  District  Trustees  having  their  own  treas- 
urer, fraudulently  fail  or  refuse  to  pay  into  the  County 


IDAHO   SCHOOL  LAWS.  51 

Treasury  the  money  arising  from  the  sale  of  any  bonds 
provided  for  by  this  Article,  they  are  guilty  of  a  felony. 

Laws   1911,  page   517. 

ARTICLE  IX, 
TEACHERS. 

Section.  Section. 

85.     Register      and  report      of  86b.   General   duties   of  teachers. 

teachers.  87.      Teachers  must  have  certifi- 

86a.   Suspension     of  pupils     by  cate. 

teachers. 

Register  and  Report  of  Teachers. 

Sec.  85.  Teachers  of  the  public  schools  must  be  furn- 
ished with  a  school  register  by  the  trustees  of  the  district, 
for  the  purpose  of  registering  the  names  of  their  pupils, 
and  their  daily  attendance  at  schools,  and  at  the  close  of 
the  term  said  register  must  be  delivered  to  the  Clerk  of  the 
Board  of  Trustees  of  the  District.  The  teacher  must  also 
be  furnished  with  a  blank  report  by  said  trustees,  which 
report  said  teacher  must  fill  up  according  to  the  heading  of 
the  same  and  transmit  it  to  the  County  Superintendent  of 
the  county  at  the  close  of  the  term,  and  no  teacher  shall  be 
allowed  an  order  in  excess  of  90  per  cent  of  his  or  her  salary 
until  said  report  is  so  made  out  and  transmitted. 

Laws  1911,  page  517. 

Suspension  of  Pupils  By  Teachers. 

Sec.  86a.  Every  teacher  in  the  public  schools  may 
suspend,  for  good  cause,  any  pupil,  and  report  such  suspen- 
sion to  the  Board  of  Trustees  for  review.  If  the  action  of 
the  teacher  is  sustained  by  the  Board,  the  pupil  may  be  cen- 
sured and  returned  to  the  school  or  expelled  from  school, 
as  in  the  judgment  of  the  Board  seems  proper ;  but  if  not  sus- 
tained, the  teacher  may  appeal  to  the  County  Superintend- 
ent, whose  decision  shall  be  final. 

Laws  1911,  page  517. 

General  Duties  of  Teachers. 

Sec.  86b.  Every  teacher  shall  make  reports,  in  ad- 
dition to  those  mentioned  elsewhere  in  this  chapter,  which 
may  be  required  by  the  State  Superintendent,  County  Su- 
perintendent, or  by  the  school  district  Board  of  Trustees; 
shall  use  the  text  books  provided  for  the  schools  of  the  State ; 
enforce  the  course  of  study  and  the  rules  and  the  regulations 
prescribed  by  the  State  Superintendent;  hold  pupils  to  a 
strict  account  for  disorderly  conduct  or  improper  language 
in  or  about  the  building,  on  the  play  grounds,  and  on  the  way 


52 


IDAHO   SCHOOL   LAWS. 


to  and  from  school;  shall  keep  himself  or  herself  without 
reproach,  and  endeavor  to  impress  upon  the  minds  of  the 
pupils  the  principles  of  truth,  justice,  morality,  patriotism, 
and  refinement,  and  to  avoid  idleness,  falsehood,  profanity, 
vulgarity  and  intemperance;  give  attention  during  every 
school  term  to  the  cultivation  of  manners,  and  shall,  if  there 
be  a  library  in  the  school,  devote  not  less  than  one  hour  in 
each  week  to  systematically  reviewing  the  works  contained 
therein. 

Laws  1911,  page  518. 

Teachers  Must  Have  Certificate. 

Sec.  87.  No  teacher  shall  be  entitled  to,  or  receive,  any 
compensation  for  the  time  he  or  she  teaches  in  any  public 
school  without  a  certificate  valid  or  in  force  for  such  time  in 
the  county  where  such  school  is  taught,  except  that  if  a 
teacher's  certificate  shall  expire  by  its  own  limitation  within 
six  weeks  of  the  close  of  the  term,  such  teacher  may  finish 
such  term  without  re-examination  or  renewal  of  his  or  her 
certificate. 

Laws  1911,  page  518. 


ARTICLE  X. 
CERTIFICATION  OF  TEACHERS. 


Section. 

88.  Certificates  not  granted  to 

aliens. 

89.  Time,    place    and    manner 

of  holding  examinations. 
State  and  State  Life  Cer- 
tificates. 

90a.   Classes    of   certificates. 

9 Ob.   Same:      Where   valid. 

90c.  Same:  Powers  of  State 
Board  of  Education. 

9 la.  State  certificate  by  in- 
dorsement. 

91b.  Specialists'  state  certifi- 
cates. 

92.  University  of  Idaho  grad- 

uates  entitled   to   certifi- 
cates. 

93.  Life  certificate  by  indorse- 

ment. 

94.  State  certificate  by  exam- 

ination. 

95.  Life    certificate    by    exam- 

ination. 

95a.  State  Board  of  Education 
to  grade  and  classify 
high  schools. 

95b.   High  school  certificates. 

95c.   Same. 

95d.  Same:  One  year  certifi- 
cates. 


Section. 

95e.  Same:     Five    year    certifi- 
cates. 
95f    Same:     Life  certificates. 

96.  Fees  for  certificates. 

97.  Revocation   of   certificates. 
98a.   Record    of    certificates. 
98b.  Same:       Grades. 

98c.  Same:  State  Board  of 
Education  to  prescribe 
rules. 

,County   Certificates. 
99.     Grades    of    certificates. 

100.      General  requirements. 

10 la.   Third  grade  certificates. 

lOlb.   Same:  Definition  of  terms. 

lOlc.  Same:      Renewal. 

102a.  Second    grade    certificates. 

102b.  Same:      Renewal. 

103a.  First  grade  certificates. 

103b.  Same:      Renewal. 

103c.  Same:    Additional  require- 
ments. 

104.  Special  third  grade  certifi- 

cate. 

105.  Permits  to  teach. 

106.  Revocation      of      teacher's 

certificate. 

107.  Record    of   certificates. 


IDAHO    SCHOOL   LAWS.  53 

Certificates  Not  Granted  to  Aliens. 

Sec.  88.  No  persons  shall  be  granted  a  certificate  or 
employed  as  teacher  in  any  public  school  who  is  not  a  citi- 
zen of  the  United  States,  or  who  has  not  declared  his  inten- 
tion to  become  such. 

Laws  1911,  page  518. 

Time,  Place  and  Manner  of  Holding  Examinations. 

Sec.  89.  Examinations  for  all  classes  of  certificates, 
both  state  and  county,  shall  be  held  beginning  the  fourth 
Thursday  in  July  and  the  third  Thursday  in  November  of 
each  year.  The  examinations  for  'each  county  shall  be  held  in 
a  suitable  room  at  the  county  seat,  and  such  examination 
shall  be  under  the  charge  of  the  county  superintendent,  and 
shall  be  conducted  in  accordance  with  the  rules  and  regula- 
tions of  the  State  Board  of  Education.  The  questions  used 
in  these  examinations  shall  be  such  only  as  are  sent  out 
under  seal  by  the  State  Board  of  Education,  and  the  ques- 
tions shall  be  opened  on  the  day  of  examination  in  the 
presence  of  those  to  be  examined.  The  county  superintend- 
ent shall  send  all  examination  papers  of  teachers  to  the 
office  of  the  State  Superintendent  for  grading  in  accordance 
with  Section  XI,  Article  1,  of  this  Act. 

Laws  1915,  page  327.     Formerly  Laws  1911,  page  518. 

STATE  AND  STATE  LIFE  CERTIFICATES. 

Classes  of  Certificates. 

Sec.  90a.  The  certificates  issued  by  the  State  Board 
of  Education  shall  be  State  Certificates  and  Specialists' 
State  Certificates,  each  of  which  shall  be  valid  for  eight 
(8)  years,  and  State  Life  Certificates  valid  for  life,  unless 
revoked  for  cause,  and  State  High  School  Certificates,  as 
hereinafter  provided. 

Lawrs  1915,  page  327.     Formerly  Laws  1911,  page  519. 

Same — Where  Valid. 

Sec.  90b.  State  Life  Certificate  and  State  Certifi- 
cates shall  be  valid  in  all  schools  and  grades.  State  Special- 
ists' Certificates  shall  be  valid  in  all  school  and  grades  but 
only  in  the  special  subjects  for  which  they  are  issued.  State 
High  School  Certificates  shall  be  valid  in  grades  from  the 
7th  to  the  12th  inclusive.  County  Certificates  as  herein- 
after provided,  shall  be  valid  in  all. elementary  schools. 

Laws  1915,  page  327.     Formerly  Laws  1911,  page  519. 


54  IDAHO    SCHOOL  LAWS. 

Same — Powers  of  State  Board  of  Education, 

Sec.  90c.  The  State  Board  of  Education  shall  have 
power  to  make  rules  for  the  giving  of  credit  for  successful 
experience  in  school  work  and  in  other  ways  recognizing 
equivalents  for  the  specific  requirements  for  the  various 
certificates.  Such  rules  shall  be  general  and  shall  be  pub- 
lished in  a  pamphlet  issued  by  the  State  Board  of  Education 
containing  the  statutes  concerning  certification  and  the 
regulations  of  the  State  Board. 

Laws  1915,  page  327.     Formerly  Laws  1911,  page  519. 

State  Certificate  By  Indorsement. 

Sec.  91;a.  The  State  Board  of  Education  may  issue 
State  Certificates  to  persons  of  good  moral  character  who 
are  graduates  from  the  advanced  course  (two  (2)  years' 
Normal  work  above  a  four  year  high  school  course)  of  State 
Normal  Schools  of  other  States,  and  to  graduates  of  an  A. 
B.  or  B.  S.  course,  or  of  the  department  of  education,  in  any 
college  or  university  in  other  states,  said  state  normal  school, 
college  or  university  to  be  approved  by  the  Idaho  State 
Board  of  Education,  and  to  persons  who  hold  state  life 
certificates  issued  upon  examination  in  other  states ;  Provid- 
ed, That  all  applicants  for  certificates  under  this  Act  shall 
have  been  actually  engaged  in  teaching  within  two  (2) 
years  of  the  date  of  making  such  application  and  shall  pre- 
sent with  such  application  satisfactory  proof  of  having 
been  successfully  engaged  in  teaching  for  a  period  of  not 
less  than  eighteen  (18)  months,  together  with  certificate 
of  graduation  from  such  approved  state  normal,  college, 
or  university,  and  in  addition  shall  have  credit  in  an  exam- 
ination in  Idaho  Civil  Government  including  School  Law, 
and  Idaho  Manual  of  the  Course  of  Study.  Such  certifi- 
cates may  be  renewed  by  the  State  Board  of  Education  so 
long  as  the  holder  thereof  is  worthy,  in  their  judgment,  of 
continuing  to  teach  in  the  State. 

Laws   1915,   page   328.      Formerly. Laws   1911,   page   519;   Laws   1913, 
page    446. 

Specialists'  State  Certificates, 

Sec.  91b.  The  State  Board  of  Education  may  issue 
Specialists'  State  Certificates,  good  only  for  special  teach- 
ers of  music,  drawing,  manual  training,  domestic  science, 
physical  education,  kindergarten,  primary,  commercial  work, 
agriculture,  and  oral  expression  to  persons  of  good  moral 
character  who  present  satisfactory  evidence  that  they  have 
completed  at  least  two  (2)  years'  course  in  such  specialty 
in  an  approved  college  or  school  whose  course  of  study  in 


IDAHO   SCHOOL   LAWS.  55 

each  specialty  has  been  approved  by  the  State  Board  of 
Education;  Provided,  That  all  candidates  for  such  Special- 
ists' State  Certificates  as  above  provided  shall  first  pre- 
sent satisfactory  evidence  of  having  completed  an  academic 
course  of  a  grade  not  lower  than  graduation  from  an  ap- 
proved high  school  before  having  entered  upon  such  special 
course  of  two  (2)  years'  work;  Provided,  further,  That  all 
candidates  for  such  Specialists'  State  Certificates  as  above 
provided,  shall  have  credit  in  an  examination  on  Idaho 
Civil  Government  including  School  Law,  and  Idaho  Manual 
of  the  Course  of  Study;  Provided,  further,  That  such 
Specialists'  State  Certificates  shall  authorize  the  holders 
to  teach  only  in  the  special  department  or  departments 
mentioned  in  said  certificates. 

Laws  1915,  page  328.     Formerly  Laws  1911,  page  520;   Laws  1913, 
page    446. 

University  of  Idaho  Graduates  Entitled  to  Certificates. 

Sec.  92.  Every  graduate  of  an  approved  College  or 
University  of  Idaho  receiving  either  the  degree  of  the 
Bachelor  of  Arts  or  Bachelor  of  Science,  and  the  certifi- 
cate of  the  head  of  the  Department  of  Education  of  said 
College  or  University  that  he  has  completed  the  required 
work  in  said  department,  or  in  lieu  of  said  certificate,  has 
taught  successfully  in  the  public  schools  of  the  State  for 
a  period  of  two  (2)  years,  shall  receive  a  State  certificate 
from  the  State  Board  of  Education,  if  in  the  judgment  of 
said  Board  the  candidate  is  not  otherwise  disqualified. 

Laws  1913,  page  447.     Formerly  Laws  1911,  page  520. 

Life  Certificate  By  Indorsement. 

Sec.  93.  The  State  Board  of  Education  may  issue  a 
Life  Certificate  to  any  person  of  good  moral  character  who 
holds  a  Life  Certificate  from  another  state  of  approved 
educational  standing  when  such  applicant  shall  present  proof 
that  he  has  been  successfully  engaged  in  teaching  for  at 
least  five  (5)  years,  two  (2)  of  which  shall  have  been  in 
the  State  of  Idaho,  and  shall  furnish  satisfactory  evidence 
of  his  or  her  ability  to  instruct  and  to  manage  any  school 
in  the  State  by  showing  that  he  is  either  professionally 
trained  or  qualified  by  experience  to  do  such  work ;  Provided, 
That  the  candidate  has  credit  in  examination  in  Idaho  Civil 
Government  including  School  Law  and  Idaho  Manual  of 
Course  of  Study. 

Laws   1915,  page  329.     Formerly  Laws   1911,  page   520;   Laws  1913, 
page   447. 


56  IDAHO   SCHOOL  LAWS. 

State  Certificate  By  Examination. 

Sec.  94.  The  State  Board  of  Education  shall  issue 
a  State  certificate  to  any  person  of  good  moral  character 
who  shall  pass  a  thorough  examination  in  such  branches 
as  the  State  Board  of  Education  may  direct;  Provided: 
That  such  applicant  shall  present  proof  that  he  has  been 
successfully  engaged  in  teaching  for  at  least  three  (3) 
years,  and  shall  furnish  the  Board  with  satisfactory  evi- 
dence of  his  ability  to  instruct  and  to  manage  any  school 
within  the  State,  and  shall  hold  at  the  time  a  valid  first 
grade  county  certificate. 

Laws  1911,  page  520. 

Life  Certificate  By  Examination. 

Sec.  95.  The  State  Board  of  Education  shall  issue  a 
State  Life  Certificate  to  any  person  of  good  moral  char- 
acter who  shall  pass  a  thorough  examination  in  such 
branches  as  the  board  may  direct;  Provided:  That  the 
applicant  has  been  successfully  engaged  in  teaching  for 
at  least  five  (5)  years,  two  (2)  of  which  shall  have  been 
in  the  State  of  Idaho,  and  shall  furnish  the  Board  with 
satisfactory  evidence  of  his  ability  to  instruct  and  to  man- 
age any  school  within  the  State,  and  shall  hold  at  the  time 
a  valid  State  certificate. 

Laws  1911,  page  521. 

State  Board  of  Education  to  Grade  and  Classify  High  Schools. 

Sec.  95a.  That  the  State  Board  of  Education  of  the 
State  of  Idaho  is  hereby  empowered  to  grade  and  classify 
the  high  schools  of  the  State  into  grades  and  classes,  known 
as  one,  two,  three,  and  four-year  high  schools;  the  State 
Board  of  Education  is  hereby  empowered  to  adopt  and 
publish  standards  and  requirements  required  for  each  of 
said  classes  of  high  schools,  together  with  such  require- 
ments as  they  shall  make  for  the  elementary  schools  which 
precede  these  standard  high  schools  so  classified. 

Laws   1915,   page   329.      Formerly  Laws   1913,   page   540,   Sec.    1. 

High  School  Certificates. 

Sec.  95b.  That  the  State  Board  of  Education  is 
hereby  empowered  to  grant  and  issue  teachers'  High  School 
Certificates  in  the  following  classes  and  with  the  following 
regulations  and  requirements: 

Laws   1915,  page  329.     Formerly  Laws  1913,   page   540,  Sec.   2. 

Same — 

Sec.  95c.     Candidates  for  all    classes   of   High    School 


IDAHO   SCHOOL  LAWS.  57 

Certificates  shall  be  required  to  have  credit  in  examina- 
tion in  Idaho  Civil  Government  including  School  Law,  and 
in  High  School  Curriculum,  Methods  and  Organization,  in- 
cluding special  high  school  conditions  in  Idaho.  The  latter 
examination  shall  be  based  upon  such  texts  and  reports  as 
may  be  determined  by  the  State  Board  of  Education. 

Laws   1915,  page   330,  Sec.   a. 

Same — One  Year  Certificates. 

Sec.  95d.  Teacher's  State  High  School  One  Year 
Certificates  shall  be  issued  to  any  person  otherwise  qualified, 
upon  the  completion  of  at  least  two  (2)  years'  normal  school 
or  college  work  above  high  school  grade  of  satisfactory  char- 
acter and  quality;  the  course  entitling  an  applicant  to  such 
certificate  must  include  at  least  two  (2)  full  semesters  of 
professional  work  for  teachers.  Certificates  granted  under 
this  section  may  be  renewed  for  a  term  of  two  (2)  years 
by  filing  with  the  State  Board  of  Education  satisfactory 
evidence  of  not  less  than  eight  (8)  months'  successful 
teaching. 

Laws  1915,  page  330,  Sec.  b.     Formerly  Laws  1913,  page  541, 'Sec.  2d. 

Same — Five  Year  Certificates. 

Sec.  95e.  Teacher's  State  High  School  Five- Year 
Certificates  shall  be  issued  to  any  person  otherwise  quali- 
fied and  applying  therefor  upon  graduation  from  any  ap- 
proved college  or  university,  who  submits  satisfactory  evi- 
dence of  not  less  than  fourteen  (14)  months'  successful 
experience;  or  upon  completion  of  not  less  than  two  (2) 
years'  normal  school  or  college  work  above  high  school 
grade  and  not  less  than  thirty  (30)  months'  successful 
experience;  Provided,  That  the  above  mentioned  college, 
university  or  normal  school  work  shall  include  at  least  three 
(3)  full  semesters  of  professional  work  for  teachers. 

Laws  1915,  page  330,  Sec.  c.    Formerly  Laws  1913,  page  540,  Sec.  2b. 

Same — Life  Certificates. 

Sec.  95f.  Teacher's  State  High  School  Life  Certifi- 
cates may  be  issued  to  any  person  otherwise  qualified  ap- 
plying therefor,  upon  graduation  from  an  approved  college 
or  university,  including  at  least  four  (4)  full  semesters' 
work  in  professional  courses  for  teachers,  and  upon  satis- 
factory evidence  being  given  of  at  least  twenty-one  (21) 
months'  successful  experience;  or  to  the  holder  of  a  State 
High  School  Five-Year  Certificate,  with  at  least  five  (5) 
years'  successful  experience,  aggregating  not  less  than 
forty  (40)  months. 

Laws  1915,  page  330,  Sec.  d.    Formeriy  Laws  1913,  page  540,  Sec.  2a. 


58  IDAHO   SCHOOL   LAWS. 

Fees  For  Certificates. 

Sec.  96.  The  following  fees  are  to  be  paid  by  persons 
receiving  certificates  in  accordance  with  this  Act,  and  said 
fees  shall  be  paid  to  the  State  Treasurer  whose  receipt 
therefor  must  be  filed  in  the  office  of  the  State  Board  of 
Education  before  the  certificate  is  issued: 

For  State  Life  Certificate,  or  State  High  School 

Life  Certificate  $10.00 

For  State  Certificate,  Specialist's  Certificate  or 
State  Five- Year  High  School  Certificate,  or  for 
renewal  of  any  of  the  above  $  5.00 

For  State  One- Year  High  School  Certificate  or  re- 
newal of  same $  2.00 

All  fees  paid  as  provided  above  shall  be  deposited  in  the 
State  Treasury  and  credited  to  the  Teachers'  Certification 
Fund  and  all  money  now  placed  to  the  credit  of  the  State 
Board  of  Education  Fund  is  hereby  transferred  to  the 
Teacher's  Certification  Fund.  The  Teacher's  Certification 
Fund  and  all  moneys  'existing  therein  at  any  time  is  hereby 
appropriated  for  use  by  the  State  Board  of  Education  in 
defraying  any  and  all  expenses  incurred  by  said  Board  in 
carrying  out  the  provisions  of  this  Act  relating  to  the  cer- 
tification of  teachers. 

Laws  1915,  page  331.     Formerly  Laws  1911,  page  521. 

Revocation  of  Certificates. 

Sec.  97.  The  State  Board  of  Education  shall  have 
power  to  revoke  any  State  or  State  Life  Certificate  for  any 
cause  of  disqualification  which  would  have  been  sufficient 
ground  for  refusing  to  issue  the  same,  had  the  cause  exist- 
ed or  been  known  at  the  time  of  its  issue;  Provided:  That 
before  revoking  any  such  certificate,  the  holder  thereof 
shall  have  at  least  thirty  (30)  days'  notice  to  appear  be- 
fore the  State  Board  of  Education  and  show  cause  why 
such  revocation  should  not  be  made. 

Laws   1911,   page   521. 

Record  of  Certificates. 

Sec.  98a.  That  State  Board  of  Education  shall  keep 
a  record  of  all  State  and  State  Life  Certificates  granted 
or  revoked,  showing  to  whom  issued,  age  of  grantee,  date 
of  issue,  grade  of  'each  certificate,  and  if  revoked,  the  date 
and  reason  therefor. 

Laws   1915,  page  331.     Formerly  Laws  1911,  page  521,   Sec.   98. 


IDAHO   SCHOOL   LAWS.  59 

Same — Grades. 

Sec.  98b.  A  record  shall  be  kept  of  all  grades  ten 
per  cent.  (10%)  above  passing  grade  of  all  candidates  for 
certificates  who  fail  to  obtain  such  certificates.  At  any 
time  within  twelve  (12)  months  from  the  date  of  the  ex- 
amination at  which  such  grades  were  attained,  the  candi- 
date may  again  be  examined  for  a  certificate  and  receive 
credit  for  such  grades.  After  twelve  (12)  months  such 
grades  shall  be  cancelled  and  cease  to  have  validity. 

Laws  1915,  page  331. 

Same — State  Board  of  Education  to  Prescribe  Rules. 

Sec.  98c.  The  State  Board  of  Education  shall  have 
power  to  make  rules  for  the  recording  upon  any  certificate 
of  a  statement  of  special  training  or  other  experience  con- 
cerning which  the  holder  has  filed  evidence  in  various  lines 
of  educational  work  in  which  he  is  especially  prepared  to 
instruct  or  direct. 

Laws  1915,  page  331. 

COUNTY  CERTIFICATES. 

Grades  of  Certificates. 

Sec.  99.  The  certificates  issued  by  the  County  Super- 
intendents in  accordance  with  Section  12,  Article  1  and  with 
Sections  88  and  89  of  this  Article  shall  be  of  three  (3) 
grades,  valid  in  the  counties  in  which  they  are  issued  for 
the  term  hereinafter  specified,  unless  sooner  revoked : 

First  grade,  five  (5)  years  from  the  date  thereof. 
Second  grade,  three  (3)  years  from  the  date  thereof. 
Third  grade,  one  (1)  year  from  the  date  thereof. 

Provided:  That  county  certificates  of  all  grades  shall  be 
good  in  any  county  in  the  State  for  the  same  period  by  the 
holder  thereof  filing  a  certified  copy  of  the  same  with  the 
County  Superintendent  in  the  county  in  which  he  desires  to 
teach. 

Laws  1915,  page  332.     Formerly  Laws  1911,  page  521. 

General  Requirements. 

Sec.  100.  The  County  Superintendent  shall  grant  cer- 
tificates in  such  form  as  th'e  State  Board  of  Education  shall 
prescribe,  to  those  persons  only  who  shall  have  attained 
the  age  of  eighteen  (18)  years,  who  are  of  good  moral 
character,  and  who,  if  the  applicant  has  taught,  shall  have 
proved  his  ability  to  govern  and  instruct  a  school. 


60  IDAHO   SCHOOL  LAWS. 

Each  applicant  for  a  County  Certificate  shall  pay  to  the 
County  Superintendent  the  sum  of  one  dollar  ($1.00),  the 
same  to  be  deposited  in  the  County  Treasury  to  the  credit 
of  the  institute  fund  to  be  used  in  the  institute  work  in 
addition  to  the  regular  appropriation. 

The  County  Superintendent,  upon  issuing  county  certifi- 
cates in  accordance  with  the  report  of  the  State  Board  of 
Education  as  provided  in  Section  13,  Article  1,  shall  collect 
and  forward  to  the  State  Treasurer  for  deposit  in  the 
Teacher's  Certification  Fund  the  sum  of  three  ($3.00)  dol- 
lars for  each  first  grade  teacher's  certificate;  the  sum  of 
two  ($2.00)  dollars  for  each  second  grade  teacher's  certifi- 
cate, and  one  ($1.00)  dollar  for  each  third  grade  teacher's 
certificate  issued.  No  certificate  shall  be  issued  unless  the 
applicant  shall  attain  a  general  average  of  eighty-five  (85) 
per  cent.,  with  no  subject  below  seventy-five  (75)  per  cent. 

After  May  1,  1914,  no  person  shall  be  granted  a  certifi- 
cate who  has  not  completed  at  least  one  (1)  year  of  school 
work  in  a  standard  high  school  or  its  equivalent,  and  after 
May  1,  1915,  no  person  shall  be  granted  a  certificate  who 
has  not  completed  at  least  two  (2)  years  of  high  school 
work  or  its  equivalent,  and  after  May  1,  1917,  no  person 
shall  be  granted  a  certificate  who  has  not  completed  four 
(4)  years  of  high  school  work  or  its  equivalent;  Provided: 
That  this  requirement  shall  not  apply  to  any  one  who  had 
taught  at  least  eight  (8)  school  months  before  May  1, 
1914,  and  Provided,  further:  That  the  State  Board  of  Ed- 
ucation may  make  such  temporary  modifications  of  the  re- 
quirements of  this  section  as  may  be  necessary  to  supply 
the  schools  with  teachers. 

Laws  1915,  page  332.     Formerly  Laws  1911,  page  522. 

Third  Grade  Certificates. 

Sec.  lOla.  Every  'applicant  for  a  third  grade  certifi- 
cate shall  be  examined  in  ortheopy,  spelling,  reading,  pen- 
manship, arithmetic,  elementary  composition,  grammar, 
geography,  history  of  the  United  States,  the  civil  govern- 
ment of  the  United  States,  and  of  the  State  of  Idaho, 
physiology  and  hygiene  with  special  reference  to  the  ef- 
fects of  stimulants  and  narcotics  upon  the  human  system, 
school  law,  the  manual  of  the  elementary  course  of  study 
for  the  common  schools  of  Idaho,  and  the  elements  of  ag- 
riculture; and  in  addition  to  passing  examinations  in  the 
aforesaid  branches  he  shall  have  attended  a  professional 
school  for  teachers  for  at  least  six  (6)  weeks  and  shall 
have  received  in  such  school  standings  in  the  School  Laws 
of  Idaho,  in  school  management,  and  in  the  methods  of 


IDAHO   SCHOOL  LAWS.  61 

teaching  reading  and  language,  arithmetic,  history  and 
geography;  Provided,  however:  That  the  provisions  of 
this  section  relative  to  attendance  at  professional  schools 
for  teachers  shall  not  apply  to  persons  who  have  taught 
successfully  for  at  least  eight  (8)  months  prior  to  July 
1,  1911. 

Laws  1911,  page  522. 

Same — Definition  of  Terms. 

Sec.  lOlb.  In  this  Act  "Professional  School  for 
Teachers"  shall  mean  a  state  normal  school,  a  state  summer 
normal  school  for  teachers,  the  department  of  education  in 
the  State  University,  or,  in  counties  remote  from  a  state 
normal  school  or  state  summer  normal  school  for  teachers, 
a  teachers'  normal  institute  maintained  under  such  con- 
ditions and  restrictions  as  may  be  provided  by  the  State 
Board  of  Education;  Provided:  That  such  institute  shall 
be  taught  by  at  least  two  (2)  teachers  and  be  of  not  less 
duration  than  six  (6)  weeks  and  shall  receive  in  connec- 
tion therewith  a  model  or  a  practice  school. 

Laws  1911,  page  523. 

Same — Renewal. 

Sec.  lOlc.  A  third  grade  certificate  shall  entitle  the 
holder  to  teach  for  such  period,  not  more  than  one  (1)  year, 
as  may  be  specified  therein,  in  the  county  in  which  the  cer- 
tificate is  issued.  A  third  grade  certificate  may  be  re- 
newed if  the  holder  shall,  during  the  life  of  the  certificate, 
attend  a  professional  school  for  teachers  for  a  period  of 
not  less  than  six  (6)  weeks  and  shall  receive  in  such  school 
credits  in  at  least  two  (2)  subjects.  The  holder  of  a 
third  grade  certificate  may  also  renew  the  same  by  pass- 
ing an  examination  in  all  the  subjects  required  for  a  third 
grade  certificate.  Not  more  than  three  (3)  third  grade 
certificates  shall  be  granted  after  July  1,  1911,  to  the  same 
person. 

Laws  1911,  page  523. 

Second  Grade  Certificates. 

Sec.  102a.  An  applicant  to  receive  a  second  grade 
certificate  shall  have  taught  successfully  in  the  public 
schools  for  at  least  seven  (7)  months  and  shall  pass  a  satis- 
factory examination  in  all  branches  required  for  a  third 
grade  certificate,  and,  in  addition,  in  physical  geography, 
American  literature,  English  composition,  and  in  the  cata- 
loguing and  the  use  of  school  libraries.  The  County  Super- 
intendent may  transfer  the  standings  of  a  third  grade  cer- 


62  IDAHO   SCHOOL   LAWS. 

tificate  in  force  to  a  second  grade  certificate  if  the  holder 
of  such  third  grade  certificate  has  taught  a  school  success- 
fully for  at  least  seven  (7)  months  and  has  attended,  since 
receiving  such  third  grade  certificate,  a  professional  school 
for  teachers  for  at  least  six  (6)  weeks  and  received  credits 
in  at  least  two  (2)  subjects  of  Normal  School  or  University 
grade. 

Laws   1915,   page   333.      Formerly  Laws   1911,   page   523;   Laws   1913, 
page    447. 

Same — Renewal. 

Sec.  102b.  Such  second  grade  certificate  may  also  be 
renewed  without  examination  provided  the  holder  thereof 
has  taught  successfully  for  not  less  than  fourteen  (14) 
months  during  the  life  of  such  certificate  and  has  attended 
a  professional  school  for  teachers  at  least  six  (6)  weeks 
and  received  credits  in  at  least  two  (2)  subjects.  Not  more 
than  two  (2)  second  grade  certificates  shall  be  granted 
after  July  1,  1911,  to  the  same  person. 

Laws   1915,   page   333.     Formerly  Laws   1911,   page   524;    Laws   1913, 
page  448. 

First  Grade  Certificates. 

Sec.  103a.  An  applicant  to  receive  a  first  grade  cer- 
tificate shall  have  taught  successfully  for  at  least  seven  (7) 
months  in  the  public  schools  and  shall  pass  a  satisfactory 
examination  in  all  the  branches  required  for  a  second  grade 
certificate  and  in  addition  in  English  literature,  principles  of 
teaching,  algebra,  physics  or  botany,  and  mediaeval  and 
modern  or  English  history.  The  County  Superintendent 
may  transfer  the  standings  of  second  grade  certificate  in 
force  to  a  first  grade  certificate  if  the  holder  of  such  second 
grade  certificate  has  taught  a  school  successfully  for  at 
least  seven  (7)  months  and  has  attended,  since  receiving 
such  second  grade  certificate,  a  professional  school  for 
teachers  for  at  least  six  (6)  weeks  and  received  credits 
in  at  least  four  (4)  subjects. 

Laws   1915,   page   334.      Formerly  Laws   1911,   page   524;   Laws   1913, 
page   448. 

Same — Kenewal. 

Sec.  103b.  A  first  grade  certificate  may  be  renewed 
once  by  the  County  Superintendent  provided  the  holder 
has  taught  successfully  for  a  period  of  twenty-one  (21) 
months  and  has  done  eighteen  (18)  weeks'  professional 
work  in  a  professional  school,  and  received  credits  in  such 
work. 

Laws  1915,   page   334.     Formerly  Laws   1911,   page   524;   Laws   1913, 
page   448. 


IDAHO   SCHOOL   LAWS.  63 

Same — Additional  Requirements — Sec.  103c. 

Repealed  Laws  1915,  page  334.     Formerly  Laws  1913,  page  448. 

Special  Third  Grade  Certificate — Sec.  104. 

Repealed  Laws  1915,  page  334.     Formerly  Laws  1911,  page  524. 

Permits  to  Teach. 

Sec.  105.  Whenever  the  supply  of  legally  qualified 
teachers  in  any  county  has  been  exhausted  the  County  Su- 
perintendent, with  the  approval  of  the  State  Superintend- 
ent, may  endorse  the  certificates  or  diplomas  of  teachers 
from  other  counties  or  other  states  by  writing  thereon 
"Good  until  the  next  regular  examination  to  be  held  on 

19.1 ".    The  teacher  holding  such 

permit  shall  not  teach  thereon  after  the  next  regular  ex- 
amination, nor  shall  a  second  permit  be  issued  to  the  same 
person  within  three  (3)  years  of  the  issuance  of  the  afore- 
said first  permit.  A  record  of  all  permits  shall  be  pre- 
served in  the  office  of  the  State  Superintendent. 

Laws  1915,  page  334.     Formerly  Laws  1911,  page  524. 

Revocation  of  Teacher's  Certificate. 

Sec.  106.  The  County  Superintendent  shall  have  power 
to  revoke  any  county  certificate  for  neglect  of  duty,  for  in- 
competency  to  instruct  and  govern  a  school,  for  immorality 
or  for  any  cause  which  should  have  been  sufficient  ground 
for  refusing  to  issue  the  same,  had  the  cause  existed  or  been 
known  at  the  time  of  its  issue;  Provided:  That  no  certifi- 
cate shall  be  revoked  or  annulled  without  a  personal  hear- 
ing, unless  the  holder  thereof  shall,  after  thirty  (30)  days' 
notice,  neglect  or  refuse  to  appear  before  the  Superintend- 
ent for  that  purpose;  Provided,  further:  The  said  teacher 
shall  have  the  right  to  appeal  to  the  State  Board  of  Educa- 
tion, whose  decision  shall  be  final;  Provided,  further:  That 
it  shall  be  the  right  of  any  citizen  to  bring  to  the  attention 
of  the  State  Board  of  Education  any  case  in  which  the 
County  Superintendent  shall  neglect  or  refuse  to  revoke  a 
certificate  when  cognizant  of  the  facts  in  the  case,  and  it 
shall  be  the  dutv  of  the  State  Board  of  Education,  through 
its  executive  officer,  to  investigate  the  charges,  and  if 
proved  true  in  accordance  with  the  reasons  set  forth  in  this 
section,  then  the  State  Board  of  Education  is  empowered 
to  revoke  the  certificate  in  question. 

Laws  1915,   page   335.      Formerly  Laws   1911,   page   525. 

Record  of  Certificates. 

Sec.  107.  The  County  Superintendent  shall  keep  a 
record  of  all  certificates  granted  or  revoked,  showing  to 


64  IDAHO   SCHOOL  LAWS. 

whom  issued,  age  of  grantee,  date  of  issue,  grade  and  dura- 
tion of  each  certificate,  and  if  revoked,  the  date  and  rea- 
son therefor. 

Laws  1911,  page  525. 

AETICLE  XI, 
TEACHERS'  INSTITUTES. 

Section.  Section. 

108.  County    Superintendent   to  110.     Teachers       of      adjourned 

hold  Institute.  schools  to  draw  pay. 

109.  Teachers   must  attend  In-  111.     Conduct    and    expenses    of 

stitute.  Institute. 

County  Superintendent  to  Hold  Institute. 

Section  108.  The  County  Superintendent  of  each  coun- 
ty in  this  State  must  hold  annually  a  teachers'  institute  at 
such  time  as  he  may  designate,  and  such  institute  must 
continue  in  session  not  less  than  five  (5),  nor  more  than 
fifteen  (15)  days.  He  must  give  at  least  ten  (10)  days' 
notice  of  the  time  and  place  of  holding  such  institute  by 
publication  in  some  newspaper  published  in  the  county, 
and  by  written  notice  to  each  qualified  teacher  in  the  coun- 
ty; Provided:  That  two  or  more  counties  may  unite  in 
holding  a  joint  institute  under  the  joint  supervision  of  the 
county  superintendents  of  such  counties. 

Laws   1911,   page   525. 

Teachers  Must  Attend  Institute. 

Sec.  109.  It  is  the  duty  of  all  teachers  engaged  in 
the  county  and  of  all  persons  holding  certificates  to  attend 
such  institutes  at  least  five  (5)  days,  and  participate  in 
the  exercises  thereof,  and  all  teachers  who  may  have 
charge  of  schools  at  the  time  of  holding  the  annual  insti- 
tute must  adjourn  their  schools  for  the  time  during  which 
the  institute  is  held;  Provided:  That  when  joint  institutes 
are  held  in  accordance  with  the  provisions  of  the  preceding 
section,  it  shall  be  the  duty  of  all  teachers  in  said  counties, 
and  of  all  persons  holding  certificates  therein,  to  attend 
such  joint  institute  at  least  five  (5)  days. 

Laws  1911,  page  526. 

Teachers  of  Adjourned  Schools  to  Draw  Pay. 

S'ec.  110.  All  teachers  who  may  adjourn  school  for 
the  purpose  of  attending  any  annual  county  or  joint  insti- 
tute must  be  allowed  the  same  pay  while  in  actual  attend- 
ance as  when  teaching,  and  the  County  Superintendent 


IDAHO    SCHOOL   LAWS.  65 

must  certify  to  the  number  of  days'  attendance  of  each 
teacher,  iand  the  trustees  of  the  several  districts  must 
count  them  as  so  many  days  lawfully  employed. 

Laws   1911,  page   526. 

Conduct  and  Expenses  of  Institute. 

Sec.  111.  The  County  Superintendent  shall  procure 
the  services  of  one  or  more  competent  persons  to  assist  in 
conducting  said  institute,  he  must  also  provide  a  building, 
lights,  stationery,  janitor  service,  and  all  things  necessary 
for  the  holding  of  the  institute ;  and  must  present  an  item- 
ized account  of  such  expenses,  not  to  exceed  One  Hundred 
Fifty  Dollars  ($150)  exclusive  of  the  amount  received 
from  fees  of  applicants  for  teachers*  certificates,  to  the 
auditor  of  his  county,  which  sum,  or  as  much  thereof  as 
may  be  needed,  is  hereby  appropriated,  and,  upon  the  pres- 
entation of  said  itemized  account,  the  county  auditor  shall 
issue  a  warrant  on  the  current  expense  fund  in  favor  of  the 
County  Superintendent  equal  to  the  amount  of  such  ex- 
penses, and  the  county  auditor  shall  draw  a  warrant  on 
the  institute  fund  for  institute  fees,  upon  demand  of  the 
County  Superintendent;  Provided:  In  case  joint  institutes 
are  held  as  provided  in  Section  109,  the  County  Superin- 
tendents of  the  counties  holding  such  institutes  shall  each 
present  an  itemized  account  of  such  expenses,  as  aforesaid, 
to  the  auditor  of  his  county,  and  the  expenses  thereof  shall 
be  borne  equally  by  such  counties,  and  the  county  auditor 
shall  issue  a  warrrant  in  favor  of  the  County  Superintendent 
for  the  part  chargeable  against  such  county. 

Laws   1911,  page   526. 

ARTICLE  XII. 
SUMMER  NORMAL  SCHOOLS 

Article  XII  comprising  Sections    112   to    121   inclusive   was  repealed 
in    1915. 

Laws   1915,   page   144. 

ARTICLE  XIII. 
INDEPENDENT  SCHOOL  DISTRICTS. 

Independent  School  Districts  are  governed  by  the  provisions  of  Arti- 
cle XIII  to  the  exclusion  of  Article  V. 

Wood  vs.  Independent  School  District,  21  Ida.  734;   124  Pac.  780. 
Section.  Section. 

122.  Organization  of  districts.  124.      Board  of  Trustees:    Terms 
22a.  Validation  of  formation.  of  office. 

122b.   Organization         conclusive  125a.   Election  of  Trustees:   Qual- 

after  six  months.  iflcations  ov  voters:     Tie 

123.  Corporate   powers.  vote. 


66 


IDAHO   SCHOOL   LAWS. 


Section. 

129i.  Same:  To  require  pupils 
to  furnish  their  own 
books. 

12  9  j.  Same:  To  exclude  sectar- 
ian matters. 

129k.   Same:      To   require   teach- 
ers to  conform  to  law. 
1291.    Same:     Morals  and  health 
129m.  Same:      Gymnasiums    and 
playgrounds. 
Independent  Districts 

(Class  A.). 

129aa.  Independent  Districts 
Class  A:  Additional 
powers. 

129bb.   Same:      To     adopt    inde- 
pendent course  of  study. 
129cc.  Same:       To     adopt     text 

books. 

129dd.  Same:  To  employ  super- 
intendent for  term  of 
years. 

Issuance  of  funding-  bonds. 
Bond    elections    for    erec- 
tion  of  school   buildings. 
Tax    levy    for    redemption 

of  bonds. 
Application  of  school  law. 


130. 
131. 

132. 
133. 


Section. 

12  5b.  Death,  change  of  resi- 
dence and  misfeasance 
of  Trustees:  Vacancy. 

126.  Prohibition     against     con- 

tracts with  Trustees. 

127.  Qualification    and    organi- 

zation of  board. 

128.  Meetings   of   board. 

129.  Duties      and      powers      of 

Trustees. 

Independent  Districts 
(General). 

12  9a.  Duties  and  powers  of 
Trustees:  To  make  By- 
laws. 

12 9b.  Same:  To  employ  and 
discharge  teachers:  Tui- 
tion. 

129c.  Same:  Special  Tax:  Lev- 
ies. 

12 9d.  Same:  To  provide  equip- 
ment. 

129e.  Same:  To  repair,  insure 
and  preserve  school 
property. 

129f.  Same:  To  build  and  re- 
move school  houses. 

129g.   Same:    To  expel  pupils. 

129h.  Same:  Qualifications  of 
teachers:  Length  of 
school  term. 

Organization  of  Districts. 

Section  122.  Whenever  any  school  district  within  this 
State,  as  defined  by  the  board  of  county  commissioners, 
has  within  its  limits  taxable  property  of  the  amount  of  One 
Hundred  Fifty  Thousand  Dollars  ($150,000)  or  over,  as 
shown  by  the  last  assessment  roll  for  the  county,  it  may 
be  organized  into  an  independent  school  district  upon  a 
vote  of  one-fifth  (1-5)  or  over  of  those  within  the  district 
who  are  qualified  to  vote  at  school  elections,  petitioning 
the  said  board  for  the  establishing  of  such  districts  as  an 
independent  school  district;  and  if  a  greater  number  of 
qualified  voters  do  not  remonstrate  against  such  establish- 
ment, the  board  must  clearly,  by  its  order  of  record,  de- 
fine the  boundaries  of  such  district,  if  not  already  done, 
and  within  one  (1)  month  order  that  the  question  of  so 
establishing  such  independent  school  district  must  be  sub- 
mitted to  a  vote  of  all  the  electors  of  the  district,  who, 
under  the  provisions  of  this  Chapter,  are  authorized  to 
vote  for  the  levy  of  taxes  and  issue  of  bonds,  and  must 
make  the  necessary  arrangements  for  such  election,  giv- 
ing at  least  twenty  (20)  days'  notice  thereof,  and  the  time 
and  the  place  of  holding  the  same.  If  a  majority  of  those 
so  voting  vote  in  favor  of  so  organizing  such  independent 
district,  said  board  must  make  its  order  of  record  and  de- 


IDAHO   SCHOOL   LAWS.  67 

clare  such  district  established,  and  designate  it  as  the  "In- 
dependent   School    District     (state  name  and  number  of 

district) ,  in County,  Idaho." 

If,  after  any  independent  school  district  has  been  or- 
ganized in  the  State  of  Idaho  as  hereinbefore  provided 
which  may  have  heretofore  been  created  or  organized,  or 
which  may  hereafter  be  created  or  organized,  and  it  is  de- 
sired to  divide  or  change  the  boundary  lines  of  said  inde- 
pendent school  district,  it  shall  be  done  as  follows:  A  peti- 
tion for  the  division  of  such  independent  district,  or 
changing  the  boundaries  thereof,  must  be  signed  by  at 
least  twenty-five  (25)  per  cent,  of  the  parents  or  guard- 
ians of  children  of  school  age  within  said  independent 
school  district  and  shall  be  filed  with  the  clerk  of  thte 
board  of  county  commissioners  at  least  twenty  days  be- 
fore the  next  regular  session  of  the  board.  The  county 
commissioners  shall,  at  their  first  regular  session  after  the 
filing  of  such  petition,  examine  said  petition  and  if  found 
to  contain  the  required  number  of  signers,  shall  order  an 
election  to  be  held  in  such  independent  school  district 
submitting  the  question  of  division  or  change  of  bound- 
aries of  said  district  to  all  the  voters  of  the  district  pro- 
posed to  be  divided.  Said  election  shall  be  conducted  in  the 
same  manner  and  in  all  respects  as  elections  held  for  the 
purpose  of  creating  independent  school  districts.  No  one 
shall  be  entitled  to  vote  at  said  elections  except  heads  of 
families  and  resident  tax  payers.  If  the  majority  of  all 
those  voting  at  such  election  vote  in  favor  of  the  division 
of  the  district,  or  change  of  boundaries  thereof,  the  same 
shall  be  declared  divided  into  common  or  independent 
school  districts  according  to  the  provisions  of  the  ques- 
tion submitted.  The  part  of  the  district  retaining  the 
school  house  shall  retain  the  number  of  the  old  district; 
Provided,  however,  That  no  new  independent  school  dist- 
rict shall  be  thus  created  unless  it  shall  have  at  least  One 
Hundred  and  Fifty  Thousand  Dollars  ($150,000)  of  tax- 
able property  within  the  new  district  and  One  Hundred 
anl  Fifty  Thousand  Dollars  ($150,000)  of  taxable  prop- 
erty be  left  within  the  old  district,  as  shown  by  the  assess- 
ment roll  of  the  preceding  year;  nor  shall  any  incorporat- 
ed city  or  town  be  divided  into  two  or  more  independent 
school  districts;  nor  shall  any  independent  school  district 
be  divided  if  there  is  any  outstanding  bonded  indebted- 
ness against  said  district.  Provided,  further,  That  when- 
ever the  parents  or  guardians  of  ten  (10)  or  more  child- 
ren of  school  age  residing  within  an  independent  school 
district,  and  who  reside  five  (5)  miles  or  more  from  the 
school  house  of  such  district,  shall  petition  the  trustees 


68  IDAHO   SCHOOL   LAWS. 

thereof  to  establish  a  branch  school  for  their  benefit,  then 
the  said  trustees  may,  if  they  deem  it  advisable,  establish 
a  school  in  said  independent  district,  to  be  located  most 
conveniently  for  the  benefit  of  said  petitioners,  and  the 
same  shall  be  maintained  and  be  under  the  supervision  of 
said  trustees  of  such  independent  district  the  same  as  any 
other  school  in  the  district;  Provided,  however,  That  no 
such  school  shall  be  so  established  if  there  is  another 
school  in  the  same  district  within  three  (3)  miles  of  the 
school  petitioned  to  be  established.  No  changes  of  bound- 
aries, divisions,  or  organization  of  new  districts  shall  take 
effect  until  the  opening  of  the  school  year  succeeding. 

Laws   1913,  page  504.     Formerly  Laws  1911,  page  528. 

Cross  References:  Formation  of  Consolidated  Independent  Districts. 
See  Sees.  49a-e.  Formation  of  Joint  Independent  Districts.  See 
Sees.  50a  and  50b. 

Validation  of  Formation. 

Sec.  122a.  All  proceedings  for  the  establishment,  or- 
ganization, or  formation  of  rural  high  school  districts  and 
independent  school  districts  had  prior  to  the  passage  and 
approval  of  this  act  are  hereby  validated  and  declared 
legal,  and  all  ruml  high  school  districts  and  independent 
school  districts  the  organization,  formation  or  establish- 
ment of  which  have  been  attempted  prior  to  the  passage 
and  approval  of  this  act,  are  hereby  declared  to  be  legally 
formed,  established  and  organized. 

Laws   of   1913,   page   304,   Sec.    1. 

Organization  Conclusive  After  Six  Months. 

Sec.  122b.  In  all  cases  where  rural  high  school  dis- 
tricts and  independent  school  districts  have  heretofore 
been,  or  may  hereafter  be,  formed,  organized  or  established, 
the  order  of  the  board  of  county  commissioners  declaring 
such  districts  formed  or  established  shall,  after  a  period 
of  six  months  from  the  date  of  the  entry  of  such  order, 
be  conclusive  evidence  that  such  school  districts  have  been 
legally  formed,  established  and  organized. 

Laws  of  1913,  page  304,  Sec.  2. 

Corporate  Powers. 

Sec.  123.  The  district  so  established  is  constituted  a 
body  corporate,  and  succeeds  to  the  title  of  all  property 
rights  and  privileges,  and  assumes  and  must  discharge 
and  pay  all  debts,  obligations  and  duties  belonging  to  or 
devolving  upon  the  old  district  or  districts  of  which  it  is 
so  formed  and  established,  and  by  its  corporate  name  it 
may: 


IDAHO   SCHOOL   LAWS.  69 

1.  Make  contracts,  sue,  and  be  sued. 

2.  Take,  hold  and  convey  such  real  and  personal  prop- 
erty only  as  is  needed  for  actual  school  purposes. 

3.  Have  a  corporate  seal. 

4.  Choose  such  officers  as  are  herein  provided  for. 

Laws   1911,   page   529. 

Board  of  Trustees — Terms  of  Office. 

Sec.  124.  The  officers  of  such  district  shall  consist 
of  a  board  of  trustees,  composed  of  six  (6)  qualified  elec- 
tors who  are  resident  freeholders  within  the  district.  The 
first  board  of  trustees  must  be  appointed  by  the  board  of 
county  commissioners  immediately  after  the  district  is  so 
established  and  shall  hold  their  offices  for  terms  as  fol- 
lows, to-wit:  Two  (2)  until  the  next  school  election  under 
the  provisions  hereof;  two  (2)  for  one  (1)  and  two  (2) 
for  two  (2)  years  after  such  election,  and  until  their  suc- 
cessors are  elected  and  qualified.  Said  board  so  appoint- 
ing must  designate  the  term  of  each  trustee  so  appointed. 

Laws   1911,   page  529. 

Election  of  Trustees — Qualifications  of  Voters — Tie  Vote. 

Sec.  125a.  There  must  be  an  election  for  two  (2)  mem- 
bers of  the  board  of  trustees,  to  be  held  on  the  first  Tuesday 
of  September  following  the  establishment  of  such  district, 
and  annually  thereafter  an  election  must  be  held  to  elect 
two  (2)  trustees.  The  clerk  of  the  board  must  give  at  least 
ten  (10)  days  notice  of  the  time  and  the  place  of  such 
election  by  publication  in  a  newspaper,  and  by  three  (3) 
posted  notices  in  the  district,  and  at  all  elections  under  this 
Article,  voters  must  have  the  same  qualifications  as  pre- 
scribed for  the  general  elections  in  this  State.  At  such  elec- 
tions, any  person  offering  to  vote  may  be  challenged  and  re- 
quired to  take  all  oaths  required  for  voters  at  the  general 
elections  in  this  state,  and  on  refusing  to  take  such  oath  must 
not  be  allowed  to  vote.  The  board  of  trustees  may  appoint  for 
all  such  elections  two  (2)  judges  and  one  (1)  clerk.  Voting 
must  be  by  secret  ballot,  such  ballots  and  list  of  voters  to  be 
kept  for  sixty  (60)  days  by  the  secretary  of  said  school 
board,  and  if,  upon  counting  the  ballots,  there  is  a  tie  and 
three  qualified  persons  have  the  highest  and  an  equal  num- 
ber of  votes,  the  board  of  trustees  must  select  two  (2)  from 
the  three  (3),  and  when  there  is  a  failure  to  elect  by  rea- 
son of  a  tie  vote,  the  board  of  trustees  must  select. 

Laws  1911,   page   529. 


70  IDAHO   SCHOOL  LAWS. 

Death,  Change  of  Residence,  and  Misfeasance  of  Trustee — Vacancy. 
Sec.  125b.  If  any  trustee  dies,  removes  from  the  dis- 
trict, or  ceases  to  have  the  qualifications  for  such  office,  or 
for  any  cause  his  offijce  is  vacant,  or  he  neglects  or  refuses 
to  act,  or  without  excuse  ceases  to  attend  the  meetings  of 
the  board  for  four  (4)  successive  regular  meetings  thereof, 
his  office  thereby  becomes  vacant  and  a  majority  of  said 
board  of  trustees  may  appoint  another  qualified  person  to  fill 
his  unexpired  term. 

Laws  1911,  page  530. 

Prohibition  Against  Contracts  With  Trustees. 

Sec.  126.  No  trustee  shall  be  interested  directly  or 
indirectly  in  any  contract  let,  or  made  by  or  with  the 
board,  or  with  any  officer  thereof,  or  in  any  supplies  fur- 
nished to  or  for  said  district,  or  a  surety  for  the  perform- 
ance of  any  contract  with  said  board  or  district,  or  the 
agent  or  partner  of  any  contractor. with  said  board  or  dis- 
trict; and  no  action  can  be  maintained  or  recovery  had 
against  said  board  or  district  upon  any  contract  or  obliga- 
tion in  which  any  trustee  is  so  interested,  but  the  same  is 
void. 

Laws  1911,  page  530. 

Qualification  and  Organization  of  Board. 

Sec.  127.  Each  trustee  shall,  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  the  official  oath, 
which  must  be  filed  with  the  County  School  Superintend- 
ent. Immediately  after  the  appointment  of  such  trustees 
by  the  board  of  county  commissioners,  as  above  provided, 
and  after  each  annual  election,  the  trustees,  or  a  majority 
thereof,  shall  meet  at  the  school  house  and  organize  as  a 
board,  and  from  their  number  shall  select  a  chairman,  a 
clerk,  and  a  treasurer,  or  they  may  elect  as  treasurer  some 
competent  and  responsible  person  who  is  not  a  trustee, 
and  said  treasurer  shall  be  required  to  deposit  the  school 
moneys  in  such  bank  or  banks  as  will  pay  the  highest  rate 
of  interest  on  daily  balances,  dividing  the  money  to  two  or 
more  banks  if  the  same  offer  the  same  rates  of  interest. 
Said  trustees  of  independent  school  districts  may  provide 
pay  or  compensation  for  the  clerk,  but  no  other  school  of- 
ficer whatever  shall  receive  any  pay  or  compensation  for 
his  time  or  services  or  in  any  way  be  allowed  to  make  any 
pecuniary  profit  or  gain  by  reason  of  his  office,  and  any 
school  officer  or  person  who  has  the  custody  in  any  way  of 
any  school  funds  shall  give  bonds,  with  at  least  two  (2) 
good  sureties  in  double  the  amount  of  funds  likely  at  any 
time  to  be  in  his  custody. 

Laws   1911,   page   530. 


IDAHO   SCHOOL   LAWS.  71 

Meetings  of  Board. 

Sec.  128.  Regular  meetings  of  the  board  of  trustees 
shall  be  held  on  the  second  Monday  of  each  month,  and 
special  meetings  may  be  called  by  the  chairman  of  the 
board,  or  by  any  two  (2)  trustees,  by  personal  notice  of 
the  time  and  the  place  of  such  meetings  to  each  member 
of  the  board,  or,  if  he  cannot  be  found,  by  leaving  such 
notice  at  his  place  of  residence  with  some  person  of  suit- 
able age  and  discretion.  Four  (4)  trustees  constitute  a 
quorum  for  the  transaction  of  any  business,  but  a  less 
number  may  adjourn  any  regular  meeting  from  time  to 
time,  until  a  quorum  can  be  obtained,  but  no  meeting  of 
the  board  not  provided  for  by  the  rules  or  by  law  is  legal 
unless  all  the  members  thereof  have  been  notified  as  pro- 
vided for  in  this  section. 

Laws  1911,  page  531. 

Duties  and  Powers  of  Trustees. 

Sec.  129.  The  board  of  trustees  of  said  district  shall 
have  power,  and  it  is  their  duty: 

Laws  1913,  pages  449  and  527.     Formerly  Laws  1911,  page  531. 

INDEPENDENT  DISTRICTS  (GENERAL). 
Duties  and  Powers  of  Trustees — To  Make  By-Laws. 

Sec.  129a.  To  make  such  by-laws  for  their  own  govern- 
ment and  for  the  government  of  the  schools  of  the  district 
as  they  may  deem  expedient,  not  inconsistent  with  the  pro- 
visions of  this  Chapter; 

Laws  1913,  pages  449  and  527,  Sec.  129  (a)  1.  Formerly  Laws  1911, 
page  531. 

Cited:    Barton  vs.  Rogers,  21  Ida.  609;   123  Pac.  478. 

Same — To  Employ  and  Discharge  Teachers — Tuition. 

Sec.  129b.  To  employ  or  discharge  teachers,  mechanics, 
and  laborers,  and  to  fix,  allow,  and  order  paid  their  salaries 
and  compensation;  to  determine  and  charge  tuition  for 
pupils  residing  outside  of  boundaries  of  the  district,  and 
to  withhold  the  salary  of  a  teacher  when  the  County  Su- 
perintendent notifies  the  board  that  the  teacher  does  not 
hold  a  valid  cerificate; 

Laws  1913,  page  449,  Sec.  129  (a)  2.  Formerly  Laws  1911,  page  531; 
Laws  1913,  page  527. 

Cross  Reference:    Tuition.    See  Sees.  196-199  inclusive. 

The  motives  and  purposes  of  a  school  when  discharging  a  teacher 
under  this  section  cannot  be  put  in  issue  in  an  action  for  damages 
under  the  charge  of  a  civil  libel. 

Barton  vs.  Rogers,   21  Ida.   609;    123  Pac.   478. 

Section  construed: 

Hermann  vs.  Independent  District,  24  Ida.  554;   135  Pac.  1159. 

Annotator's  Xote:    See  annotator's  note  to  Section  129c. 


72  IDAHO   SCHOOL  LAWS. 

Same — Special  Tax — Levies. 

Sec.  129c.  To  levy  a  special  tax,  if  necessary,  which, 
when  added  to  money  apportioned  by  the  County  Superin- 
tendent of  Schools,  will  be  sufficient  to  provide  funds  for  the 
maintenance  of  the  schools  for  nine  (9)  months  in  each 
year;  the  special  taxes  levied  by  said  board  of  trustees  for 
the  payment  of  interest  on  bonds  and  sinking  fund,  for  pay- 
ment of  bonds  at  maturity,  together  with  the  levy  for  the 
maintenance  of  schools,  shall  not  -exceed  ten  (10)  mills  on 
the  Dollar  of  the  assessed  valuation  of  all  property  in  the 
district;  Provided,  That  districts  maintaining  rural  school 
routes,  may  levy  a  tax  in  addition  to  the  aforesaid  ten  (10) 
mills  sufficient  to  maintain  the  said  rural  school  routes, 
said  tax  for  school  routes  not  to  exceed  four  (4)  mills; 

Laws  1913,  page  528,  Sec.  129  (a)  3.  Formerly  Laws  1913,  page 
449;  Laws  1911,  page  531. 

Annotator's  Note:  Sec.  129  was  twice  amended  in  1913,  pages  449 
and  527.  The  amendment  at  page  449  was  directed  solely  at  subdi- 
visions (a)  2  and  (b),  while  that  at  page  527  was  directed  solely  at 
subdivision  (a)  3.  On  this  ground  the  two  amendments  appearing 
at  page  449  and  the  one  appearing  at  page  527  are  included  in  this 
compilation. 

Levies:  The  maximum  levy  in  an  independent  school  district  is  ten 
mills  for  a  special  tax  and  four  mills  additional  when  the  independent 
district  maintains  a  rural  route.  Section  129  of  the  school  law,  as 
amended  in  1913,  at  page  528  of  the  1913  Session  Laws  is  controlling 
upon  this  subject  rather  than  the  section  as  it  appears  at  page  449  of 
the  1913  Session  Laws. 

Op.  Attorney  General.     J.  J.  Surges,   6-ll-'14. 

Same — To  Provide  Equipment. 

Sec.  129d.  To  provide  furniture,  fixtures,  apparatus, 
library  and  everything  needed  in  the  school  house  or  for 
the  use  of  the  board ; 

Laws  1913,  pages  449  and  528,  Sec.  129  (a)  4.  Formerly  Laws  1911, 
page  532. 

Same — To  Eepair,  Insure  and  Preserve  School  Property. 

Sec.  129e.  To  rent,  repair  and  insure  school  houses 
and  property,  and  preserve  the  same  for  the  benefit  of  the 
schools  of  the  district ; 

Laws  1913,  pages  449  and  528,  Sec.  129  (a)  5.  Formerly  Laws  1911, 
page  532. 

Same — To  Build  and  Remove  School  Houses. 

Sec.  129f.  To  build  or  remove  school  houses  and  build- 
ings and  to  purchase  or  sell  school  lots ; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)  6.  Formerly  Laws  1911, 
page  532. 

Same — To  Expel  Pupils. 

Sec.  129g.     To  expel  pupils  from  school  who  refuse  to 


IDAHO   SCHOOL  LAWS.  73 

obey  the  rules  thereof,  and  to  exclude  from  school,  children 
under  six  (6)  years  of  age; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)   7.     Formerly  Laws  1911, 
page  532. 

Same — Qualifications  of  Teachers — Length  of  School  Term. 

Sec.  129h.  To  determine  the  number  and  qualifications 
of  teachers  who  shall  be  employed,  to  determine  if  school 
shall  be  maintained  for  more  than  nine  (9)  months,  to  fix 
the  date  of  the  beginning  of  the  school  year,  to  determine 
the  length  of  the  school  day,  and  to  provide  for  the  dismissal 
of  primary  pupils  before  the  regular  time  of  closing  school ; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)   8.     Formerly  Laws  1911, 
page  532. 

Same — To  Require  Pupils  to  Furnish  Their  Own  Books. 

Sec.  129i.  To  require  pupils  to  be  furnished  with  proper 
and  suitable  books  and  supplies  as  a  condition  of  member- 
ship in  the  schools; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)   9.     Formerly  Laws  1911, 
page   532. 

Same — To  Exclude  Sectarian  Matters. 

Sec.  129 j.  To  exclude  from  the  schools  and  school 
libraries  of  said  district  all  books,  papers  and  catechisms  of 
a  sectarian  nature; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)  10.     Formerly  Laws  1911, 
page  532. 

Same — To  Require  Teachers  to  Conform  to  Law. 

Sec.  129k.  To  require  teachers  to  conform  to  the  law 
of  the  State  and  regulations  of  the  school  board ; 

Laws  1913,  pages  450  and  528,  Sec.  129  (a)   11.    Formerly  Laws  1911, 
page   532. 

Cited:    Barton  vs.  Rogers,  31  Ida.  609;  123  Pac.  478. 

Same — Morals  and  Health. 

Sec.  1291.  To  protect  the  morals  and  health  of  the 
pupils  while  at  school. 

Laws  1913,  pages  450  and  528,  Sec.  129   (a)   12.    Formerly  Laws  1911, 
page  532. 

Same — Gymnasiums  and  Playgrounds. 

Sec.  129m.  To  purchase  or  otherwise  acquire  grounds 
or  sites  for  play  grounds  and  gymnasiums  and  build  and 
erect  gymnasiums  in  their  districts,  either  in  connection 
with  school  buildings  or  as  separate  buildings;  to  equip 
and  maintain  all  such  playgrounds  and  gymnasiums  with 
all  necessary  apparatus  and  fixtures ;  to  issue  and  sell  bonds 


74  IDAHO   SCHOOL  LAWS. 

in  the  manner  as  provided  for  by  law  to  raise  money  for  the 
purpose  of  buying  such  grounds,  sites  and  building  such 
gymnasiums  and  purchasing  apparatus  and  fixtures  there- 
for. Provided  that  in  the  event  of  the  issuance  of  bonds  as 
provided  for  in  this  section  the  board  of  trustees  may  levy 
for  the  proper  maintenance  and  care  of  the  gymnasium 
and  grounds  a  special  tax  which  together  with  all  other 
taxes  levied  by  such  board  shall  not  in  any  one  year  ex- 
ceed twenty  mills  on  the  dollar.  To  prescribe  the  rules  and 
regulations  for  the  use  of  such  play  grounds,  gymnasiums 
and  apparatus  by  the  pupils  of  their  districts  and  by 
which  others  than  the  pupils  of  their  districts  may  use  the 
same,  and  to  fix  the  membership  fee  which  such  other  per- 
sons shall  be  compelled  to  pay  for  such  privileges;  and 
to  do  all  other  things  in  connection  with  the  purchasing  or 
acquiring  the  sites  and  building  gymnasiums  and  the 
equipping  playgrounds  and  gymnasiums  with  necessary 
apparatus  and  fixtures  which  are  not  prohibited  by  law. 

Laws  1913,  page  53. 

INDEPENDENT  DISTRICTS   (CLASS  A). 

Independent  Districts  Class  A — Additional  Powers. 

Sec.  129aa.  When  an  independent  school  district  shall 
employ  twenty  (20)  or  more  teachers,  it  shall  be  known 
as  an  Independent  District  of  Class  A,  and  shall  have,  in 
addition  to  the  above  enumerated  powers  and  duties,  the 
following  special  powers  and  duties: 

Laws  1913,  page  450,  Sec.   129    (b).    Formerly  Laws  1911,  pa^e  532. 
Annotator's   Note:     See   annotator's   note   to   Sec.    129c.      Laws    1913, 
page  528,  Sec.   129    (b)   is  not  in  force. 
Op.  Attorney  General. 

Same — To  Adopt  Independent  Course  of  Study. 

Sec.  129bb.  To  adopt  a  course  of  study  for  their  system 
of  schools  other  than  the  State  course  if  they  so  elect,  and  to 
prescribe  the  examinations,  tests,  and  qualifications  neces- 
sary for  pupils  to  enter  the  various  grades  of  the  element- 
ary school  and  of  the  high  school. 

Laws  1913,  pages  450  and  529,  Sec.  129   (b)   1.     Formerly  Laws  1911, 
page  532. 

Same — To  Adopt  Text  Books. 

Sec.  129cc.  To  adopt  text  books  for  their  system  of 
schools,  and  to  make  such  contracts  with  the  publishers  as 
shall  seem  for  the  best  interests  of  the  district;  Provided: 
That  this  section  shall  not  operate  to  destroy  any  contract 
now  in  force,  but  shall  operate  in  the  selection  of  books  for 


IDAHO   SCHOOL   LAWS.  75 

which  the  district  is  not  now  under  contract,  and  shall 
operate  in  the  selection  of  all  books  on  and  after  September 
1,  1913. 

Laws  1913,  pages  450  and  529,  Sec.  129  (b)   2.     Formerly  Laws  1911, 
page  533. 

Same — To  Employ  Superintendent  For  Term  of  Years. 

Sec.  129dd.  To  employ  a  superintendent  of  schools 
for  a  term  not  to  exceed  three  (3)  years,  who  shall  be  the 
executive  officer  of  the  board,  with  such  powers  and  duties 
as  they  may  prescribe,  together  with  such  powers  and  du- 
ties as  are  now  or  may  hereafter  be  prescribed  by  the 
laws  of  the  State,  to  fix,  allow  and  order  paid  his  salary, 
and  to  discharge  said  superintendent  for  incompetency,  im- 
morality, or  gross  neglect  of  duty. 

Laws  1913,  pages  450  and  529,  Sec.  129   (b)   3.    Formerly  Laws  1911, 
page  533. 

Issuance  of  Funding  Bonds. 

Sec.  130.  The  board  of  trustees  of  any  independent 
school  district,  organized  under  any  general  or  special  law, 
may  issue  negotiable  coupon  bonds  of  their  district  for  the 
purpose  of  paying,  redeeming,  funding,  refunding,  pur- 
chasing and  redeeming  the  outstanding  indebtedness 
of  their  district,  whenever  the  same  can  be  done  to  the 
profit  or  advantage  of  the  district  and  without  the 
district  incurring  any  additional  indebtedness  or  liability 
exceedings  in  any  year  the  income  or  revenue  pro- 
vided for  such  year.  Said  bonds  must  bear  interest  at  a 
rate  not  exceeding  six  (6)  per  centum  per  annum,  payable 
semi-annually  at  the  office  of  the  treasurer  of  the  district, 
or  at  such  banking  house  in  the  city  of  New  York  as  may 
be  designated  by  the  board  of  trustees;  and  the  principal 
of  said  bonds,  or  any  part  thereof,  may,  at  the  option  of  the 
district  be  paid  at  any  time  after  ten  (10)  years,  and  must 
be  paid  within  twenty  (20)  years  from  the  time  they  are 
issued,  and  in  the  order  in  which  they  are  issued  and  num- 
bered. Semi-annual  interest  coupons  covering  the  interest 
to  become  due  must  be  attached  to  each  bond;  the  bonds 
must  be  signed  by  the  presiding  officer  of  the  board  and  at- 
tested by  its  secretary  and  the  seal  of  the  district,  if  it  has 
a  seal,  and  the  coupons  must  be  signed  and  the  bonds  regis- 
tered by  the  treasurer  of  the  board.  No  bond  shall  be  sold 
at  less  than  its  par  value,  and  the  proceeds  thereof  must  be 
devoted  to  the  payment,  redemption  or  refunding  of  the 
outstanding  bonded  indebtedness  of  the  district. 

Laws  1915,  page  250,  Sec.  1.     Formerly  Laws  1911,  page  533. 
Independent  school  districts  do  not  have  authority  to  issue  funding 
bonds  for  the  purpose  of  funding  other  than  bonded  indebtedness. 
Op.  Attorney  General.     E.  O.  Sisson,  4-14-'15. 


76  IDAHO   SCHOOL  LAWS. 

Bond  Elections  For  Erection  of  School  Buildings. 

Sec.  131.  The  board  of  trustees  of  any  independent 
district  may,  whenever  two-thirds  (2-3)  of  the  board  so 
decide,  submit  to  the  qualified  electors  of  the  State  of 
Idaho,  who  are  resident  freeholders  or  householders  of  the 
district,  at  an  election  to  be  held  for  that  purpose  and  to 
be  called  and  conducted  as  other  school  elections  in  said 
district,  the  question  whether  the  board  shall  be  author- 
ized to  issue  the  negotiable  coupon  bonds  of  the  district  in 
an  amount  to  be  mentioned  in  the  notice  of  election,  not 
to  exceed  five  (5)  per  cent  of  the  assessed  valuation  of  the 
property  in  said  district,  for  the  purpose  of  providing  and 
improving  school  houses  and  grounds  and  furniture,  ap- 
paratus, and  fixtures  for  said  district,  or  for  any  or  either 
of  said  purposes;  and  if  at  such  election  two-thirds  (2-3) 
of  the  qualified  electors  of  said  district  voting  at  said  elec- 
tion assent  thereto,  the  board  of  trustees  may  issue  such 
bonds  of  the  district  to  the  amount  and  for  the  purpose 
designated  in  said  notice,  which  bonds  shall  be  in  all  re- 
spects similar  to,  and  shall  be  signed,  negotiated,  regis- 
tered, bear  interest  and  be  made  payable  as  the  bonds  pro- 
vided for  in  the  last  preceding  section ;  and  no  bond  shall 
be  sold  for  less  than  its  par  value,  and  the  proceeds  there- 
of must  be  devoted  to  the  purposes  mentioned  in  said 
notice. 

Laws  1913,  page  526.     Formerly  Laws  1911,  page  534. 

Tax  Levy  For  Redemption  of  Bonds. 

Sec.  132.  The  Board  of  Trustees  of  any  such  district 
that  has  issued  bonds  under  either  of  the  last  two  preceding 
sections  must  annually  levy  upon  all  taxable  property  of 
the  district,  in  addition  to  other  authorized  taxes,  a  tax 
sufficient  to  pay  the  interest  on  all  bonds  so  issued  as  it  falls 
due,  and  also  to  constitute  a  sinking  fund  for  the  payment 
of  the  principal  thereof  within  twenty  (20)  years  from 
the  time  the  bonds  are  issued;  which  taxes  shall  be  levied, 
assessed,  collected  and  paid  over  in  the  district,  and  shall 
be  devoted  to  the  payment  of  the  principal  and  interest 
of  said  bonds  only;  and  the  accumulated  sinking  fund  may 
be  used  for  the  redemption  of  said  bonds  at  any  time  after 
ten  years  from  the  date  of  their  issue. 

Laws  1911,  page  534. 

Application  of  School  Law. 

Sec.  133.  All  the  provisions  of  this  chapter  provid- 
ing for  a  public  school  system,  wherein  not  contradictory 
to  or  inconsistent  with  the  provisions  of  this  article,  and 


IDAHO   SCHOOL  LAWS. 


77 


which  may  be  applicable  to  the  objects  thereof,  are 
adopted  as  a  part  of  the  law  governing  the  establishment 
and  management  of  Independent  School  Districts.  All  the 
provisions  of  this  Code  applicable  to  Independent  School 
Districts  shall  also  apply  to  Special  Independent  School 
Districts. 

Laws  1911,  page  534. 

ARTICLE  XIV. 
RURAL  HIGH  SCHOOLS. 


Section. 

134.  Formation:      Petition. 
134a.   Consolidation  of  rural  high 

school    districts. 
13 4b.  Same:    Liability  for  bonds. 

135.  Formation:    Election. 
136a.  Trustees:         Appointment: 

Tenure  of  office. 

136b.  Trustees:    Oath  of  office. 

136c.  Trustees:  Organization: 
President:  Clerk. 

136d.  Trustees  of  districts  cre- 
ated prior  to  1911. 

137.     Meetings   of  Trustees. 

137a.  Powers  of  Trustees:  Su- 
pervision of  school. 

137b.  Same:  To  fix  rates  of  tui- 
tion. 

137c.  Same:  To  appoint  teach- 
ers. 


Section. 

137d.  Same:  To  make  rules  and 
regulations:  To  fix  length 
of  school  term;  To  sus- 
pend and  expel  pupils. 

137e.  Same:  To  hold  and  man- 
age real  property. 

137f.  Same:  To  provide  course 
of  study. 

137g.  Same:  To  fix  amount  of 
special  tax:  To  issue  de- 
ficiency warrants. 

137h.  Same:  To  call  meetings  to 
vote  on  building  pro- 
gram. 

138.  Officers  of  board:     Duties. 

139.  Bonds:      Election. 

140.  Supervision    by    the    State 

Board  of  Education. 

141.  Segregation   of  component 

districts. 


Formation — Petition. 

Sec.  134.  That  when  the  heads  of  a  majority  of  the 
families  residing  in  each  of  two  or  more  regularly  organ- 
ized school  districts  in  this  State,  not  haying  within  their 
limits  an  incorporated  city,  shall  petition  the  board  of 
county  commissioners  of  their  county  to  unite  them  into  a 
rural  high  school  district,  for  the  purpose  of  maintaining  a 
rural  high  school  therein,  the  said  board  of  county  com- 
missioners shall  submit  the  question  to  a  vote  of  the  qual- 
ified electors  of  the  districts  so  petitioning  at  a  special 
election  called  for  that  purpose,  within  sixty  days  from 
the  date  of  the  receipt  of  such  petition;  Provided:  That 
the  proposed  rural  high  school  district  shall  not,  except 
with  the  unanimous  consent  of  the  board  of  county  com- 
missioners, embrace  a  greater  territory  than  that  included 
within  a  six-mile  radius  from  the  proposed  center  of  the 
district. 

Laws   1911,   page   535. 

Cross  References:  Joint  Rural  High  School  District.  See  Section 
50a.  Dismemberment  by  division  of  county.  See  Section  50b.  Vali- 
dation of  organization.  See  Section  122a.  Collusiveness  of  organiza- 
tion after  six  months.  See  Section  122b. 


78  IDAHO   SCHOOL  LAWS. 

There  are  two  jurisdictional  requisites  for  the  creation  of  a  rural 
high  school  district:  First,  filing  with  the  Board  of  County  Commis- 
sioners the  requisite  petition;  and,  second,  the  submission  of  the  ques- 
tion to  a  vote  of  the  electors.  If  a  majority  of  the  votes  cast  at  such 
election  are  in  favor  of  creating  the  district,  the  district  is  thereby 
created. 

Pickett  vs.  Board,   24   Ida.   200;    133   Pac.    112. 

Consolidation  of  Rural  High  School  Districts. 

Sec.  134a.  That  when  a  majority  of  the  heads  of  fami- 
lies who  are  residents  in  each  of  the  two  or  more  regularly 
organized  rural  high  school  districts  in  this  State,  or  one  or 
more  regularly  organized  high  school  districts  and  one  or 
more  regularly  organized  school  districts,  shall  petition 
the  Board  of  County  Commissioners  of  their  county  to  unite 
them  into  a  single  rural  high  school  district  for  the  purpose 
of  maintaining  a  rural  high  school  therein,  the  said  Board 
of  County  Commissioners  shall  submit  the  question  to  a 
vote  o'f  the  qualified  electors  of  the  districts  so  petitioning, 
at  a  special  election  called  for  that  purpose,  within  sixty 
days  from  the  date  of  receiving  such  petition;  Provided, 
that  the  proposed  rural  high  school  district  shall  not,  except 
with  the  consent  of  the  County  Commissioners,  embrace  a 
greater  territory  than  that  included  within  a  six  mile  radius 
from  the  proposed  center  of  the  district. 

Laws   1915,  page  268,  Sec.   1. 

Same — Liability  For  Bonds. 

Sec.  134b.  Whenever  there  shall  have  been  issued  any 
bonds  by  any  rural  high  school  district  uniting  with  other 
rural  high  school  districts,  or  with  common  school  districts, 
to  form  a  single  rural  high  school  district,  the  whole  new 
district  shall  be  liable  for  the  amount  remaining  unpaid 
upon  said  bonds. 

Laws   1915,  page  268,  Sec.   2. 

Formation — Election. 

Sec.  135.  At  the  election  provided  for  in  Section  134 
of  this  Act,  each  district  shall  vote  separately  in  its  own 
school  house,  or  other  place  within  such  district  designat- 
ed in  the  notice  of  election,  and  the  vote  in  each  district 
shall  determine  if  the  district  shall  become  united  with 
other  districts,  to  form  the  aforesaid  rural  high  school  dis- 
trict. Three  notices  of  election  shall  be  posted  in  each 
district  ten  (10)  days  prior  to  the  day  of  election,  one  of 
which  notices  shall  be  upon  the  door  of  the  school  hous'e. 
The  elections  shall  be  conducted  in  all  respects  as  pro- 
vided by  law  for  the  election  of  school  trustees,  and  the 
ballots  shall  have  printed  thereon  "For  Rural  High 


IDAHO   SCHOOL  LAWS.  79 

School— Yes,"  and  "For  Rural  High  School— No";  Pro- 
vided: That  all  elections  in  the  several  districts  shall  be 
upon  the  same  day  and  between  the  same  hours.  The  re- 
turns of  said  elections  shall  be  certified  by  the  local  school 
board  in  each  district  to  the  chairman  of  the  board  of 
county  commissioners. 

Laws  1911,  page  535. 

Trustees — Appointment — Tenure  of  Office. 

Sec.  136a.  If,  in  the  judgment  of  the  county  commis- 
sioners, a  sufficient  number  of  districts  shall  have  signified 
by  their  majority  vote  a  desire  to  form  a  rural  high  school 
district,  the  county  commissioners  shall  form  such  rural 
high  school  district,  designating  it  as  "Rural  High  School 

District  No ,  of County, 

Idaho",  and  shall  so  certify  to  the  Board  of  Trustees  of 
the  district  at  the  time  of  their  appointment,  and  within 
thirty  (30)  days  of  the  election  provided  for  in  Section 
134  of  this  article,  shall  appoint  a  board  of  five  (5)  trus- 
tees from  among  the  resident  free  holders  or  heads  of  fam- 
ilies of  the  said  rural  high  school  district,  one  until  the 
next  election  under  the  provisions  hereof,  one  for  two  (2) 
years,  one  for  three  (3)  years,  one  for  four  (4)  years, 
and  one  for  five  (5)  years.  On  the  first  Tuesday  in  Septem- 
ber of  each  year  thereafter  the  qualified  electors,  voting 
at  a  central  place  in  the  rural  high  school  district,  shall 
elect  one  trustee  for  a  term  of  five  (5)  years. 

Laws  1911,  page  535. 

Trustees — Oath  of  Office. 

Sec.  136b.  The  said  board  of  trustees  shall  subscribe 
the  official  path  for  school  board  members  within  ten  (10) 
days  of  their  appointment  or  election  and  shall  file  the  same 
with  the  County  Superintendent. 

Laws  1911,  page  536. 

Trustees — Organization — President — Clerk. 

Sec.  136c.  Within  ten  (10)  days  after  their  election 
and  appointment,  the  said  board  shall  meet  and  organize 
as  the  Board  of  Trustees  of  such  rural  high  school  district, 
by  electing  one  of  their  number  president  and  by  electing  a 
clerk  or  secretary  who  may  or  may  not  be  one  of  their 
number. 

Laws  1911,  page  536. 

Trustees  of  Districts  Created  Prior  to  1911. 

Sec.  136d.  Provided:  That  in  rural  high  school  dist- 
ricts organized  prior  to  the  passage  of  this  Act,  the  chair- 


80  IDAHO   SCHOOL  LAWS. 

man  of  the  local  boards  forming  such  rural  high  school 
districts  shall  cease  to  act  as  a  board  of  trustees  for  such 
district  on  and  after  the  first  Tuesday  in  September,  1911, 
and  the  commissioners  shall  appoint,  after  the  manner  and 
terms  aforesaid  in  this  article,  a  board  to  serve  in  their 
stead,  and  annuajly  thereafter  shall  be  held  an  election  of 
one  (1)  trustee  and  procedure  had  as  provided  in  this 
section. 

Laws  1911,  page  536. 

Meetings  of  Trustees. 

Sec.  137.  The  other  regular  meetings  of  the  board 
of  trustees  shall  be  held  on  the  Tuesday  following  the  last 
Saturday  in  March,  June,  September,  and  December  of 
each  year.  The  board  may,  however,  hold  special  or  ad- 
journed meetings  as  they  may  from  time  to  time  deter- 
mine. 

Laws  1911,  page  536. 

Powers  of  Trustees — Supervision  of  School. 

Sec.  137a.     To  supervise  and  visit  the  school; 

Laws  1911,  page  536. 

Same — To  Fix  Rates  of  Tuition. 

Sec.  137b.  To  admit  all  children  of  the  district  above 
the  eighth  grade,  and  to  admit  and  provide  rates  of  tuition 
for  non-resident  pupils,  if  they  so  elect; 

Laws  1911,  page  536. 

Cross  Reference:    Tuition.     See  Sees.   196-199  inclusive. 

Same — To  Appoint  Teachers. 

Sec.  137c.  To  appoint  legally  qualified  teachers,  and  to 
fix,  allow,  and  order  paid  their  salaries; 

Laws  1911,  page  536. 

Same — To  Make  Rules  and  Regulations — To  Fix  Length  of  School 
Term — To  Suspend  and  Expel  Pupils. 

Sec.  137d.  To  fix  wages,  make  general  rules  and  reg- 
ulations for  the  control  of  the  school,  suspend  or  expel  pupils, 
fix  the  term  of  school,  which  shall  not  be  more  than  ten 
(10)  months  nor  less  than  seven  (7)  months  in  any  one 
(1)  year; 

Laws  1911,  page  536. 

Same — To  Hold  and  Manage  Real  Property. 

Sec.  137  e.  To  rent  or  to  purchase  and  hold  real  estate 
for  such  district  high  school,  build  and  furnish  school 


IDAHO   SCHOOL  LAWS.  81 

houses,  determine  location  of  grounds  and  buildings,  which 
shall  be  near  the  center  of  the  district  as  practicable, 
according  to  the  sanitary  conditions,  and  to  receive  and  hold 
bequests  and  gifts  for  the  benefit  of  the  school,  and  to 
disposing  of  property  belonging  to  the  district,  subject  to 
the  provisions  hereinafter  named; 

Laws  1911,  page  536. 

Same — To  Provide  Course  of  Study. 

Sec.  137f.  To  provide  a  course  of  study  which  shall 
be  approved  by  the  State  Board  of  Education,  which  course 
shall  not  consist  of  more  than  four  (4)  years'  work  be- 
yond the  eighth  grade  of  the  common  schools;  such  course 
of  study  shall  include  instruction  in  manual  training, 
domestic  science,  nature  study,  and  the  elements  of  agri- 
culture ; 

Laws  1911,  page  537. 

Same — To  Fix  Amount  of  Special  Tax — To  Issue  Deficiency  War- 
rants. 

Sec.  137g.  To  estimate  and  vote  the  amount  of  tax 
necessary  to  support  the  school,  at  a  meeting  previous  to 
September  first  in  each  year,  and  report  the  same  to  the 
Board  of  County  Commissioners,  which  amount  may  in- 
clude the  cost  of  transportation  of  students,  and  the  crea- 
tion of  a  sinking  fund  for  the  payment  of  principal  -and 
interest  of  bonds  issued,  if  any,  and  shall  be  spread  upon 
the  tax  roll  the  same  as  other  district  taxes,  and,  in  their 
discretion,  to  issue  warrants  drawing  legal  interest  for 
current  expenses,  the  amount  of  which  warrants  shall  not 
exceed  fifty  (50)  per  cent  of  the  tax  voted; 

Laws  1911,  page  537. 

Cited:    Coon  vs.   Sommercamp    (Ida.)    146   Pac.   728. 

Same — To  Call  Meetings  to  Vote  On  Building  Program. 

Sec.  137h.  To  call  special  elections  or  meetings  of  the 
district,  if  necessary,  to  vote  the  amount  of  money  to  be 
raised  for  the  purchase  of  grounds  and  erection  'and  equip- 
ment of  buildings,  and  for  such  other  purposes  as  may  be 
necessary  within  the  authority  of  the  provisions  of  this  Act, 
or  of  the  general  school  laws. 

Laws  1911,  page  537. 

Officers  of  Board — Duties. 

Sec.  138.  The  duties  of  the  officers  of  the  board  shall 
be  the  same  as  is  prescribed  by  law  for  similar  officers 
of  other  boards  of  school  trustees,  and  in  addition  thereto, 
the  clerk  or  the  secretary  shall  certify  to  the  County 


82  IDAHO   SCHOOL  LAWS. 

Superintendent,  quarterly,  the  number  of  teachers  that  are 
regularly  employed  in  said  school. 

Laws  1911,  page  537. 

Cited:    Coon  vs.   Sommercamp    (Ida.)    146   Pac.   728. 

Bonds — Election. 

Sec.  139.  Two-thirds  (2-3)  of  the  qualified  electors  of 
such  rural  high  school  district  may  vote  bonds  in  any 
amount,  not  to  exceed  two  (2)  per  cent  of  the  assessed 
valuation  of  the  property  in  said  district,  the  proceeds  to 
be  spent  in  purchasing,  building  or  equipping  such  high 
school  and  grounds.  The  election  held  for  this  purpose 
shall  be  conducted  in  all  respects  as  provided  by  the  laws 
of  Idaho  for  similar  purposes;  Provided.  That  the  bonds 
so  voted  and  issued  shall  not  run  longer  than  twenty  (20) 
years,  nor  draw  a  rate  of  interest  higher  than  six  (6)  per 
cent  per  annum. 

Laws  1913,  page  525.     Formerly  Laws  1911,  page  537. 

Supervision  By  the  State  Board  of  Education. 

Sec.  140.  The  high  schools  established  under  the  pro- 
visions of  this  Act  shall  be  under  the  supervision  of  the 
State  Board  of  Education,  and  all  questions  of  manage- 
ment, support  and  control  arising  under  the  provisions 
of  this  Act,  and  not  expressly  provided  for  herein,  shall 
be  subject  to  the  provisions  of  the  general  laws  of  the  State. 

Laws  1911,  page  538. 

Segregation  of  Component  Districts. 

Sec.  141.  Whenever  two-thirds  of  those  who  are  heads 
of  families  and  residents  of  any  regularly  organized 
school  district  joined  to  a  rural  high  school  district,  shall 
present  a  petition  to  the  Board  of  County  Commissioners 
showing  that  it  is  to  the  best  interests  of  the  said  regularly 
organized  school  district  to  be  segregated  from  the  rural 
high  school,  to  which  said  regularly  organized  district  is 
joined,  it  shall  be  lawful  for  the  said  board,  if  they  agree, 
and  if  by  so  doing  there  will  be  left  at  least  two  regularly 
organized  school  districts  in  said  rural  high  school  district 
to  segregate  said  petitioning  subdistrict  from  said  rural 
high  school  district.  Any  regular  organized  school  district 
so  segregated  shall  forfeit  its  rights  to  any  portion  of  the 
moneys  on  hand,  and  to  any  claims  upon  the  property  of 
said  rural  high  school  district;  Provided,  that  the  aforesaid 
petition  shall  be  filed  in  the  office  of  the  County  Superintend- 
ent fifteen  (15)  days  prior  to  the  quarterly  meeting  of  the 
County  Commissioners. 


IDAHO   SCHOOL  LAWS.  83 

Laws  1915,  page  268,  Sec.  3.     Formerly  Laws  1911,  page  538. 

This  section  was  attempted  to  be  repealed  in  1913  (Session  Laws, 
page  451)  but  as  it  was  not  mentioned  in  the  title  of  the  Act,  the  repeal 
was  held  ineffective. 

Gaiser  vs.  Steele,  25  Ida.  412;  137  Pac.  889. 

Where  a  rural  high  school  district  is  composed  of  but  two  common 
school  districts,  neither  common  school  district  can  withdraw,  since 
the  plain  intent  of  the  law  is  that  rural  high  school  districts  shall  be 
composed  of  two  or  more  common  school  districts. 

Op.  Attorney  General.     Grace  M.  Shepherd,  2-6-'13. 

ARTICLE  XV. 
PREVENTION  OF  DISEASE. 

Section.  Section. 

142.  Clerk    of   school    board    to  144.      Disinfection  of  text  books. 

be  notified  of  contagious  145.     Violation      of      Article      a 

disease.  misdemeanor. 

143.  Exclusion    of    pupils    from 

infected  households. 

Clerk  of  School  Board  to  be  Notified  of  Contagious  Disease. 

Sec.  142.  The  owner,  or  agent  of  the  owner  of  a 
house  in  which  a  person  resides  who  has  smallpox,  diph- 
theria, scarlet  fever  or  any  other  contagious  or  infectious 
disease,  dangerous  to  the  public  health,  and  the  physician 
called  to  attend  the  person  or  persons  so  affected  shall, 
within  twenty-four  (24)  hours  after  becoming  cognizant 
of  the  fact,  give  notice  thereof  to  the  clerk  of  the  board  of 
trustees  of  the  school  district  in  which  said  person  so  af- 
flicted resides,  iand  said  person  so  afflicted  shall  be  kept 
away  and  apart  from  all  other  persons  except  those  whose 
presence  may  be  necessary  to  the  physical  or  spiritual 
wellbeing  of  such  person  or  persons. 

Laws  1911,  page  538. 

Exclusion  of  Pupils  From  Infected  Households. 

Sec.  143.  The  school  trustees  of  the  various  school 
districts  in  the  State  shall  not  allow  any  pupil  to  attend 
the  public  schools  while  any  member  of  the  household  to 
which  such  pupil  belongs  is  sick  of  smallpox,  diphtheria, 
scarlet  fever  or  other  contagious  or  infectious  disease, 
dangerous  to  the  public  health,  or  during  the  period  of 
two  (2)  weeks  after  the  death,  recovery,  or  removal  of 
such  sick  person;  and  any  pupil  coming  from  such  house- 
hold shall  be  required  to  present  to  the  teacher  of  the 
school  the  pupil  desires  to  attend,  a  certificate  from  the 
attending  physician  of  the  facts  necessary  to  entitle  him 
to  admission  in  accordance  with  the  above  regulations. 

Laws  1911,  page  538. 


84  IDAHO   SCHOOL  LAWS. 

Disinfection  of  Text  Books. 

Sec.  144.  Whenever  any  text  book  or  books  belong- 
ing to  any  school  district  shall  be  in  the  house  during  the 
time  that  pupils  residing  in  such  house  are  prevented 
from  attending  the  public  school  in  accordance  with  the 
provisions  of  this  Article,  such  book  or  books  shall  not  be 
returned  to  such  public  school  until  the  same  shall  have 
been  thoroughly  disinfected  under  the  direction  of  the  at- 
tending physician,  who  shall  certify  the  same  to  the 
teacher  of  said  school,  or  to  the  clerk  of  the  board  of 
trustees  in  case  the  school  is  not  in  session  at  such  time. 

Laws  1911,  page  539. 

Violation  of  Article  a  Misdemeanor. 

Sec.  145.  Any  school  trustee  or  other  person  violat- 
ing any  of  the  provisions  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanor. 

Laws  1911,  page  539. 

ARTICLE  XVI. 
COMPULSORY  EDUCATION. 

Section.  Section. 

146.  Compulsory          Education  I49b.  Same:       Absentees    to    be 

Law:    Where  found.  reported. 

147.  County  Superintendents  to  150.     Same:       Duty    of    County 

publish   law.  Superintendents. 

148.  Census   list.  151.     Same:     Duty  of  probation 
149a.  Census     list     and     enroll-  officers. 

ment  to  be  checked. 

Compulsory  Education  Law- — Where  Found. 

Sec.  146.  The  compulsory  education  law  shall  be  the 
provisions  of  Section  160,  of  Article  XVII  of  this  Act.  To 
render  the  same  more  effective,  the  following  is  prescribed : 

Laws  1911,  page  539. 

County  Superintendents  to  Publish  Law. 

Sec.  147.  It  shall  be  the  duty  of  the  County  Super- 
intendent to  publish  this  law  for  four  (4)  weeks  in  at 
least  two  (2)  newspapers  in  the  county  before  the  open- 
ing of  school  in  September.  The  County  Superintendent 
shall  'also  have  the  law  printed  on  large  sheets  of  board 
and  shall  cause  the  same  to  be  placarded  wherever  neces- 
sary. 

Laws  1911,  page  539. 

Census  List. 

Sec.  148.  It  shall  be  the  duty  of  the  clerk  of  the  board 
of  school  trustees  of  each  district,  on  or  before  the  third 


IDAHO   SCHOOL   LAWS.  85 

Monday  in  September,  to  furnish  or  cause  to  be  furnished 
to  the  head  teacher  of  the  schools  in  his  district  a  list  of 
all  the  children  in  the  school  district  between  the  ages  of 
eight  (8)  and  eighteen  (18)  years,  said  list  to  be  taken 
from  the  report  of  the  school's  census  marshal  for  the 
current  year. 

Laws  1911,  page  539. 

Census  List  and  Enrollment  to  be  Checked. 

Sec.  149a.  It  shall  be  the  duty  of  the  head  teacher  of 
each  district  to  check  or  cause  to  be  checked  the  enroll- 
ment of  the  school  against  the  report  furnished  by  the 
clerk  as  aforesaid,  and  to  report  to  the  County  Superin- 
tendent all  pupils  not  in  attendance  who  are  within  the 
ages  of  eight  (8)  and  eighteen  (18)  and  who  have  no  re- 
lease from  school. 

Laws  1911,  page  540. 

Same — Absentees  to  be  Reported. 

Sec.  149b.  At  the  beginning  of  each  month  thereafter 
it  shall  be  the  duty  of  such  head  teacher  to  report  to  the 
County  Superintendent,  the  names  of  all  children  between 
eight  (8)  and  eighteen  (18)  not  bearing  releases  who  failed 
to  attend  school  during  the  preceding  month.  It  shall  be  the 
duty  of  the  County  Superintendent  to  refuse  to  counter- 
sign the  teachers'  warrants  until  such  reports  are  made  as 
herein  provided;  Provided:  That  districts  having  a  Super- 
intendent of  Schools  shall  not  report  to  the  County  Super- 
intendent but  shall  proceed  through  their  District  Super- 
intendent in  the  same  manner  as  herein  provided  for 
County  Superintendents. 

Laws  1911,  page  540. 

Same— Duty  of  County  Superintendents. 

Sec.  150.  Upon  the  receipt  of  such  report  the  Coun- 
ty Superintendent  shall  promptly  give  to  the  probation 
officer  the  names  of  all  pupils  who  do  not  bear  releases 
from  school  issued  by  proper  authority. 

Laws  1911,  page  540. 

Same — Duty  of  Probation  Officers. 

Sec.  151.  The  probation  officer  shall  serve  due  notice 
upon  the  parents  and  guardians  to  place  such  children  in 
school.  If  said  children  are  not  placed  within  school  within 
a  reasonable  time  and  are  not  entitled  to  bear  a  release, 
then  the  child  and  the  parent  or  guardian  shall  be  proceed- 
ed against  as  provided  in  the  laws  for  the  correction  of 
delinquent  children.  It  shall  be  the  duty  of  the  probation 
officer  to  prefer  such  complaints. 

Laws  1911,  page  540. 


86 


IDAHO   SCHOOL   LAWS. 


ARTICLE  XVII. 

PROCEEDINGS  FOR  THE  CORRECTION 
OF  DELINQUENT  CHILDREN. 


Section. 

160.  Compulsory  education  act. 

161.  Juvenile  disorderly  person 

denned. 

162.  Same:      Complaint:    Hear- 

ing:   Commitment. 

163.  Probation     officers:        Ap- 

pointment and  duties. 

164.  School    Trustees   to    report 

delinquents. 

165.  Review   of  orders  of  Pro- 

bate Court. 


Section. 

152.  Delinquent  child  denned. 

153.  Jurisdiction      of      Probate 

Court:  Records:  Reports. 

154.  Information   or  complaint. 

155.  Issuance   of  warrant:    Im- 

prisonment to  be  avoid- 
ed 

156.  Arrested  child  to  be  taken 

before   Probate   Court. 

157.  Commitment    of    child. 

158.  Supervision   of  institutions 

receiving  children. 
159.     Encouraging     delinquency 
a  misdemeanor. 

Delinquent  Child  Denned. 

Sec.  152.  This  Act  shall  apply  only  to  children  under 
the  age  of  "eighteen  (18)  years  not  inmates  of  a  state 
institution,  or  any  institution  incorporated  under  the  laws 
of  the  State,  for  the  care  and  correction  of  deliquent  chil- 
dren. The  record  of  the  census  made  by  the  clerk  of  the 
school  district  where  any  child  was  last  enumerated  shall 
be  prima  facie  evidence  of  the  age  of  such  child  for  the 
purposes  of  this  Act.  The  words  "delinquent  child"  shall 
include  any  child  under  the  age  of  eighteen  (18)  years 
who  violates  any  law  of  this  State,  or  any  city  or  village 
ordinance;  or  who  is  incorrigible  or  who  knowingly  asso- 
ciates with  thieves,  vicious  or  immoral  persons:  or  who  is 
growing  up  in  idleness  or  crime,  or  who  knowingly  visits 
or  enters  a  house  of  ill-fame ;  or  who  knowingly  patronizes 
or  visits  any  policy  shop  or  place  where  gambling  devfce  is, 
or  shall  be  operated;  or  who  patronizes  or  visits  any  pool 
room  or  bucket  shop,  or  who  wanders  the  streets  in  the 
night  time  without  being  on  any  lawful  business  or  occu- 
pation ;  or  who  habitually  wanders  about  any  railroad 
yard  or  tracks,  or  who  jumps  or  hooks  on  to  any  moving 
train,  or  enters  any  car  or  engine  without  lawful  author- 
ity; or  who  habitually  uses  vile,  obscene,  vulgar,  profane 
or  indecent  language,  or  is  guilty  of  immoral  conduct  in 
public  places  or  about  any  school  house.  Any  child  com- 
mitting >any  of  the  acts  herein  mentioned  shall  be  deemed 
a  juvenile  delinquent  person,  and  shall  be  proceeded 
against  as  such  in  the  manner  hereinafter  provided.  A  dis- 
position of  any  child  under  this  Chapter,  or  any  evidence 
given  in  such  cause  shall  not,  in  any  civil,  criminal  or 
other  cause  or  proceeding  whatever  in  any  court,  be  law- 


IDAHO   SCHOOL   LAWS.  87 

ful  or  proper  evidence  against  such  child  for  any  purpose 
whatever,  excepting  in  subsequent  cases  against  the  same 
child  under  this  Chapter.  The  word  "child"  or  "children" 
may  mean  one  or  more  children,  or  the  word  "parent"  or 
"parents"  may  mean  one  or  both  parents  when  consistent 
with  the  intent  of  this  Chapter. 

Laws  1911,  page  540. 

Cited:    State  vs.  Drury,  25  Ida.  787;   139  Pac.  1129. 

Jurisdiction  of  Probate  Court — Records — Reports. 

Sec.  153.  The  Probate  Courts  of  the  several  coun- 
ties in  this  State  shall  have  jurisdiction  in  all  cases  com- 
ing within  the  terms  and  provisions  of  this  Chapter.  Re- 
cord books  shall  be  kept  by  the  Court  for  all  cases  coming 
within  the  provisions  of  this  Chapter  to  be  known  as  "The 
Juvenile  Record,"  and  the  docket  or  calendar  of  the  Court 
upon  which  there  shall  appear  the  case  or  cases  under  the 
provisions  of  this  Chapter  shall  be  known  a,s  "The  Juven- 
ile Docket."  Between  the  first  and  thirtieth  days  of  October 
of  each  year  the  Court  shall  submit  to  the  Governor  a  re- 
port in  writing,  upon  blanks  to  be  furnished  by  the  State, 
showing  the  number  and  disposition  of  delinquent  children 
brought  before  such  Court,  together  with  such  other  use- 
ful information  regarding  such  cases,  and  the  parentage 
of  such  children,  as  may  be  reasonably  obtained  at  the 
trials  thereof;  Provided:  That  the  name  or  identity  of 
any  such  child  or  parent  shall  not  be  disclosed  in  such  re- 
port, and  that  such  report  shall  not  be  published  at  State 
expense. 

Laws  1911,   page   541. 

Cited:    State  vs.  Drury,  25  Ida.  787;   139  Pac.  1129. 

Information  or  Complaint. 

Sec.  154.  All  proceedings  under  this  Chapter  shall 
be  by  information  or  sworn  complaint  to  be  filed  by  the 
prosecuting  attorney  of  the  county  as  in  other  cases  under 
the  general  laws  of  the  State,  or  such  information  or 
sworn  complaint  may  be  filed  by  the  probation  officer,  if 
there  be  one.  In  any  such  information  or  complaint  filed 
under  this  Chapter,  the  :act  or  acts  claimed  to  have  been 
committed  by  the  child  proceeded  against  shall  in  a  gen- 
eral way  be  stated  therein  as  constituting  such  child  a 
juvenile  delinquent  child  or  person.  When  the  information 
or  complaint  so  states  a  cause  of  delinquency  under  the 
provisions  of  this  Chapter,  that  the  Court  may  understand 
it,  all  irregularities  or  defects  of  form  therein  must  be  dis- 
regarded and  all  technical  pleas  or  objections  thereto  must 


88  IDAHO   SCHOOL  LAWS. 

be  summarily  disposed  of  by  the  Court,  and  the  Court's 
ruling  thereon  shall  be  final.  It  shall  be  unlawful  for  any 
officer  or  person  to  charge  or  collect  any  fees,  or  for  any 
county  or  state  to  pay  any  fees  for  any  service  performed 
by  any  officer  or  person  under  the  provisions  of  this 
Chapter. 

Laws  1913,  page   451.     Formerly  Laws  1911,  page  542. 

Issuance  of  Warrant — Imprisonment  to  be  Avoided. 

Sec.  155.  Upon  the  filing  of  an  information  under 
this  chapter,  a  warrant  or  capias  may  issue  as  in  other 
cases,  but  no  incarceration  of  the  child  proceeded  against 
thereunder  shall  be  made  or  had,  unless,  in  the  opinion  of 
the  Judge  of  the  Court,  or,  in  the  absence  of  the  judge  from 
the  county  seat,  then  in  the  opinion  of  the  sheriff  of  the 
county,  it  shall  be  necessary  to  insure  its  attendance  in 
court  at  such  times  as  shall  be  required.  In  order  to  avoid 
such  incarceration,  if  practicable,  it  shall  be  the  duty  of 
the  sheriff  of  the  county,  or  his  deputy  or  representative, 
to  serve  a  notice  of  the  proceedings  upon  at  least  one  (1) 
parent  of  the  child,  if  living  and  known,  or  its  legal  guard- 
ian, or  if  his  or  her  whereabouts  or  residence  is  not  known, 
or  if  neither  parent  or  guardian  shall  be  in  this  State,  then 
some  relative  living  in  the  county,  if  any  there  be  whose 
whereabouts  are  known,  and  such  judge  or  sheriff  may  ac- 
cept the  verbal  or  written  promise  of  such  person  so  noti- 
fied, or  of  any  other  proper  person,  to  be  responsible  for 
the  presence  of  such  child  at  the  hearing  in  such  case,  or  at 
any  other  time  to  which  the  same  may  be  adjourned  or 
continued  by  the  court.  In  case  such  child  shall  fail  to  ap- 
pear at  such  time  or  times  as  the  court  may  require,  the 
person  or  persons  responsible  for  its  appearance  as  herein 
provided  for,  unless  in  the  opinion  of  the  court  there  shall 
be  reasonable  cause  for  such  failure  of  such  child  to  ap- 
pear as  herein  provided  for,  may  be  proceeded  against  as 
in  cases  of  contempt  of  court  and  published  accordingly; 
and  where  any  such  child  shall  have  failed  to  appear,  as 
required  by  the  court  or  its  officers,  any  warrants,  capias 
or  alias  capias,  issued  in  such  case  may  be  executed  as  in 
other  cases;  Provided,  however:  that  no  child  under  four- 
teen (14)  years  of  age  shall,  under  any  circumstances,  be 
incarcerated  in  any  common  jail,  cell  or  lock-up,  but  a  suit- 
able room  in  the  county  building  or  court  house  must  be 
provided  wherein  the  sheriff  may  safely  keep  such  child. 
Any  child  so  informed  against  shall  also  have  the 
right  now  given  by  law  to  any  person  to  give  bond  or  other 
security  for  its  appearance  at  the  trial  of  such  case,  and 


IDAHO   SCHOOL   LAWS.  89 

the  court  may,  in  any  such  case,  appoint  counsel  to  appear 
and  defend  on  behalf  of  any  such  child,  who  must  serve 
without  compensation  from  the  county  or  state. 

Laws    1911,    page    542. 

Arrested  Child  to  be  Taken  Before  Probate  Court. 

Sec.  156.  When  any  child  under  the  age  of  eighteen 
(18)  years  is  arrested,  with  or  without  warrant,  except 
when  the  charge  against  such  child  is  a  felony,  such  child 
shall,  instead  of  being  taken  before  a  justice  of  the  peace 
or  police  magistrate,  be  taken  directly  before  the  probate 
court;  or  if  the  child  is  taken  before  a  justice  of  the  peace 
or  police  magistrate,  upon  complaint  sworn  out  in  such 
court  or  for  any  other  reason,  it  shall  be  the  duty  of  such 
justice  of  the  peace  or  police  magistrate  to  transfer  the 
case  to  such  probate  court,  and  of  the  officers  having  the 
child  in  charge,  to  take  the  child  before  that  court,  and  in 
any  such  case  the  court  may  proceed  to  hear  and  dispose 
of  the  cas-e  in  the  same  manner  as  if  such  child  had  been 
brought  before  the  court  upon  information  originally  filed 
as  herein  provided. 

Laws   1911,   page   543. 

Commitment  of  Child. 

Sec.  157.  In  any  case  of  a  delinquent  child  coming 
under  the  provisions  of  this  chapter,  the  court  may  con- 
tinue the  hearing  from  time  to  time,  and  may  commit  the 
child  to  the  care  of  the  sheriff,  and  may  allow  said  child 
to  remain  in  its  own  home,  subject  to  the  sheriff,  such 
child  to  report  to  the  court  or  sheriff  as  often  as  may  be 
required,  and  subject  to  be  returned  to  the  court  for  fur- 
ther proceedings  whenever  such  action  may  appear  neces- 
sary, or  the  Court  may  cause  the  child  to  be  placed  in  a 
suitable  family  home,  subject  to  the  friendly  supervision 
of  the  sheriff,  and  the  further  order  of  the  Court;  or  it 
may  authorize  the  child  to  be  boarded  out  in  some  suitable 
family  home,  in  case  provision  is  made  by  voluntary  con- 
tribution or  otherwise  for  the  payment  of  the  board  of 
such  child,  until  suitable  provision  be  made  for  the  child 
in  a  home  without  such  payment,  or  the  Court  may  com- 
mit such  child  to  the  Idaho  Industrial  Training  School; 
or  the  Court  may  commit  the  child  to  any  institution 
within  the  county,  incorporated  under  the  laws  of  this 
state,  that  may  care  for  children  or  to  any  state  institu- 
tion which  may  now  or  hereafter  be  established  for  the 
care  of  boys  or  girls.  In  no  case  shall  a  child  proceeded 
against  under  the  provisions  of  this  chapter  be  commit- 
ted beyond  the  age  of  twenty-one  (21).  A  child  commit- 


90  IDAHO   SCHOOL  LAWS. 

ed  to  any  such  institution  shall  be  subject  to  the  control 
of  the  board  of  managers  and  the  said  board  shall  have 
power  to  parole  such  child  on  such  conditions  as  it  may 
prescribe,  and  the  Court  shall,  on  the  recommendation  of 
the  board,  have  power  to  discharge  such  child  from  cus- 
tody, whenever,  in  the  judgment  of  the  court,  his  or  her 
(reformation  is  complete;  or  the  court  may  commit  the 
child  to  the  care  and  custody  of  some  association  or  so- 
ciety that  will  receive  it,  embracing  within  its  objects  the 
care  of  neglected  or  delinquent  children,  and  which  has 
been  duly  credited  as  herein  provided;  Provided,  That 
when  the  Court  shall  commit  a  child  to  any  person  or  as- 
sociation or  institution  of  any  kind  other  than  some  insti- 
tution existing  under  the  authority  and  laws  of  this  State, 
it  must  not  be  at  the  expense  of  the  state,  and  in  all  such 
cases  the  Court  may  require  a  proper  bond  of  the  party 
or  institution  receiving  the  custody  of  such  child,  for  its 
proper  care,  support  and  education. 

Laws   1911,   page   543. 

Supervision  of  Institutions  Receiving  Children. 

Sec.  158.  All  institutions  or  associations,  other  than 
State  institutions,  receiving  children  under  this  chapter, 
shall  be  subject  to  the  same  visitation,  inspection,  and 
supervision  as  are  public  charitable  institutions  of  this 
State,  and  it  shall  be  the  duty  of  the  Governor  to  pass 
annually  upon  the  fitness  of  any  institution  or  association 
which  may  receive,  or  desire  to  receive  any  child  or  child- 
ren under  the  provisions  of  this  chapter;  and  every  such 
institution  or  association  shall,  at  such  times  as  said  Gov- 
ernor shall  direct,  make  a  report  to  him,  showing  its  con- 
dition, management,  and  competency  to  adequately  care 
for  such  children  as  are,  or  may  be,  committed  to  it,  and 
such  other  facts  as  said  Governor  may  require,  and  upon 
said  Governor's  being  satisfied  that  any  such  institution 
or  association  is  competent,  and  has  adequate  facilities  to 
care  for  such  children,  he  shall  issue  to  the  same  a  certi- 
ficate to  that  effect,  which  certificate  shall  continue  in 
force  for  one  year  unless  sooner  revoked  by  said  Governor, 
the  Court  or  the  Judge  thereof  may,  at  any  time,  require 
from  any  such  institution  or  association  receiving  or  de- 
siring to  receive  children  under  the  provisions  of  this 
chapter,  such  report,  information,  and  statements  as  the 
Court  or  Judge  shall  deem  proper  and  necessary  for  his 
action,  and  the  court  shall  in  no  case  commit  a  child  or 
children  to  any  association  or  institution  whose  standing, 
conduct,  or  care  of  children,  or  ability  to  care  for  the 
same,  is  not  satisfactory  to  the  court. 

Laws  1911,  page  544. 


IDAHO   SCHOOL   LAWS.  91 

Encouraging  Delinquency  a  Misdemeanor. 

Sec.  159.  In  all  cases  where  any  child  shall  be  a  de- 
linquent child,  a  juvenile  delinquent  person,  or  a  juvenile 
disorderly  person,  as  denned  by  this  Act,  the  parent  or 
parents,  legal  guardian,  or  person  having  the  custody  of 
such  child,  or  any  other  person  responsible  for,  or  by  any  act 
encouraging,  causing,  or  contributing  to  the  delinquency  of 
such  child,  shall  be  guilty  of  a  misdemeanor,  and  upon  trial 
and  conviction  thereof  shall  be  fined  in  a  sum  not  to  ex- 
ceed Three  Hundred  Dollars  ($300),  or  imprisonment  in  the 
county  jail  for  a  period  of  not  exceeding  six  months,  or  shall 
suffer  both  fine  and  imprisonment.  The  Court  may  impose 
conditions  upon  any  person  found  guilty  under  this  Act, 
and  so  long  as  such  person  shall  comply  therewith  to  the  sat- 
isfaction of  the  court,  the  sentence  imposed  may  be  sus- 
pended. , 

Laws  1911,  page   545. 

This  section  is  designed  to  guard  against  children  becoming  delin- 
quents, rather  than  to  punish  those  who  contribute  to  their  delin- 
quency after  that  fact  has  been  determined. 

State  vs.  Drury,   25   Ida.   787;    139   Pac.   1129. 

Compulsory  Education  Act. 

Sec.  160.  In  all  districts  of  this  State,  all  par- 
ents, guardians,  and  other  persons  having  care  of  chil- 
dren shall  instruct  them,  or  cause  them  to  be  instructed, 
in  reading,  writing,  spelling,  English  grammar,  geography 
and  arithmetic.  In  such  districts,  every  parent,  guardian 
or  other  person  having  charge  of  any  child  between  the 
ages  of  eight  (8)  and  eighteen  (18)  years,  shall  send  such 
child  to  a  public,  private,  or  parochial  school  for  the  en- 
tire school  year  during  which  the  public  schools  are  in 
session  in  such  district;  Provided,  however:  That  this 
chapter  shall  not  apply  to  children  over  fourteen  (14) 
years  of  age,  where  such  child  shall  have  completed  the 
eighth  (8)  grade,  or  may  be  eligible  to  enter  any  high 
school  in  such  district,  or  where  its  help  is  necessary  for 
its  own  use  or  its  parents'  support,  or  where  for  good 
cause  shown  it  would  be  for  the  best  interest  of  such  child 
to  be  relieved  from  the  provisions  of  this  chapter;  Pro- 
vided, further,  that  if  a  reputable  physician  within  the 
district  shall  certify  in  writing  that  the  child's  bodily  or 
mental  condition  does  not  permit  its  attendance  at  school, 
such  child  shall  be  exempt  during  such  period  of  disability 
from  the  requirements  of  this  chapter.  It  shall  be  the  duty 
of  the  superintendent  of  the  school  district,  if  there  be 
such  superintendent,  and  if  not,  then  the  county  superin- 
tendent of  schools,  to  hear  and  determine  all  applications 


92  IDAHO   SCHOOL  LAWS. 

of  children  desiring,  for  any  of  the  causes  mentioned  here, 
to  be  exempted  from  the  provisions  of  this  chapter,  and  if 
upon  such  application  such  superintendent  hearing  the 
same  shall  be  of  the  opinion  that  such  child  for  any  reason 
is  entitled  to  be  exempted  as  aforesaid,  then  such  super- 
intendent shall  issue  a  written  permit  to  such  child,  stat- 
ing therein  his  reason  for  such  exemption.  An  appeal  may 
be  taken  from  the  decision  of  such  superintendent  so  pass- 
ing upon  such  application,  to  the  probate  court  of  the 
county  in  which  such  district  lies,  upon  such  child  making 
such  application  and  filing  the  same  with  the  clerk  or 
judge  of  said  court,  within  ten  days  after  its  refusal  by 
such  superintendent,  for  which  no  fee  to  exceed  the  sum 
of  One  Dollar  ($1.00)  shall  be  charged,  and  the  decision 
of  the  probate  court  shall  be  final.  An  application  for  re- 
lease from  the  provisions  of  this  chapter  shall  not  be  re- 
newed oftener  than  once  in  three  months. 

Laws  1911,  page  545. 

Juvenile  Disorderly  Person  Denned. 

Sec.  161.  Every  child  within  the  provisions  of  this 
chapter  who  does  not  attend  school,  as  provided  in  the 
preceding  section,  or  who  is  in  attendance  at  any  nublic, 
private,  or  parochial  school,  and  is  vicious,  incorrigible,  or 
immoral  in  conduct,  or  who  is  an  habitual  truant  from 
school,  or  who  habitually  wanders  about  the  streets  and 
public  places  during  school  hours  without  lawful  occupa- 
tion or  employment,  or  who  habitually  wanders  about  the 
streets  in  the  night  time,  having  no  employment  or  lawful 
occupation,  shall  be  deemed  a  juvenile  disorderly  person, 
and  be  subject  to  the  provisions  of  this  chapter. 

Laws  1911,  page  546. 

Same — Complaint — Hearing — Commitment, 

Sec.  162.  When  a  child  shall  be  a  juvenile  disorderly 
person  within  the  meaning  of  this  chapter,  the  truant  officer, 
or  any  school  teacher,  or  other  reputable  person  may  take 
complaint  in  the  probate  court  of  the  county  in  which 
such  child  resides.  The  probate  court  shall  hear  and  de- 
termine such  complaint,  and  if  it  is  determined  that  such 
child  is  a  juvenile  disorderly  person  within  the  meaning  of 
this  chapter,  he  or  she  shall  be  committed  to  a  children's 
home,  if  eligible,  or  to  the  Idaho  Industrial  Training  School, 
or  to  some  other  training  school,  taking  into  account  the 
years  of  the  child  with  reference  to  the  institution  selected. 
Any  child  committed  to  a  children's  home,  on  its  being 
shown  to  the  Judge  of  said  Court  that  it  is  incorrigible  and 
vicious,  may  be  transferred  to  the  Industrial  School  or  other 


IDAHO   SCHOOL   LAWS.  93 

proper  institution.  No  child  committed  to  any  reformatory 
shall  be  detained  beyond  his  majority,  and  may  be  dis- 
charged sooner,  or  paroled  by  the  trustees  or  board  of  control 
under  rules  and  restrictions  applicable  to  other  inmates. 
Any  order  of  commitment  may  be  suspended  by  the  judge 
of  the  probate  court  during  such  time  as  the  child  may 
regularly  attend  school  and  properly  conduct  itself.  The 
expense  of  the  transportation  of  the  child  to  the  juvenile 
reformatory  shall  be  paid  by  the  county  from  which  the  child 
is  committed. 

Laws   1911,   page  546. 

Probation  Officers — Appointment  and  Duties. 

Sec.  163.  The  Probate  Courts  of  the  several  coun- 
ties in  this  State  shall  have  authority  to  appoint  or  desig- 
nate one  or  more  discreet  persons  of  good  moral  character 
to  serve  as  probation  officers  during  the  pleasure  of  the 
court;  said  probation  officers  having  authority  to  act  only 
upon  the  request  and  under  the  direction  of  the  Probate 
Court,  and  to  receive  such  compensation  for  services  act- 
ually performed  as  the  Probate  Court  shall  deem  just  and 
proper.  The  number  of  paid  probation  officers  appointed 
and  designated  by  the  court  shall  be  as  follows :  In  coun- 
ties in  which  the  last  school  census  shows  a  school  popula- 
tion of  over  five  thousand  (5,000)  not  to  exceed  two  (2) 
probation  officers;  in  all  other  counties  not  to  exceed  one 
(1)  probation  offifcer.  In  case  a  probation  officer  shall  be 
appointed,  it  shall  be  the  duty  of  the  Judge  of  the  Court, 
if  practicable,  to  notify  said  probation  officer  when  any 
child  is  to  be  brought  before  the  court;  it  shall  be  the  duty 
of  said  probation  officer  to  make  investigation  of  such 
case ;  to  be  present  in  court  to  represent  the  interests  of  the 
child  when  the  case  is  heard;  to  furnish  to  the  court  such 
information  and  assistance  as  the  court  or  judge  may  re- 
quire; and  to  take  charge  of  any  child  before  and  after 
the  trial  as  may  be  directed  by  the  court  or  judge.  Pro- 
bation officers  provided  for  by  this  chapter  are  hereby 
vested  with  all  power  and  authority  of  sheriffs,  constables 
and  police  officers  to  make  arrests  and  perform  other 
duties  incident  to  their  offices  as  probation  officers. 

Laws    1911,   page   547. 

Cited:     State  vs.  Drury,  25  Ida.  787;   139  Pac.  1129. 

School  Trustees  to  Report  Delinquents. 

Sec.  164.  It  shall  be  th«  duty  of  the  board  of  trus- 
tees of  each  school  district  to  report  to  the  county  school 
superintendent  all  cases  of  truancy,  delinquency,  and  in- 
corrigibility  which  arise  within  their  respective  districts, 


94  IDAHO   SCHOOL  LAWS. 

and  such  county  school  superintendent  shall  immediately 
report  such  cases  to  the  judge  of  the  probate  court. 

Laws   1911,  page   547. 

Review  of  Orders  of  Probate  Court. 

Sec.  165.  All  orders  or  final  judgments  made  by  any 
Probate  Court  or  the  Judge  thereof  under  this  chapter, 
may  be  reviewed  upon  questions  of  law  only. 

Laws   1911,  page   547. 

The  provisions  of  this  section  relate  only  to  orders  or  final  judg- 
ments made  by  a  probate  court  sitting  as  a  juvenile  court,  and  are 
not  applicable  to  cases  where  adults  are  prosecuted  for  the  misde- 
meanor defined  in  Sec.  159  of  the  act. 

State  vs.   Drury,   25   Ida.   787;    139   Pac.    1129. 

ARTICLE  XVIII. 
CHILD  LABOR  ACT. 

Section.  Section. 

166.  Restrictions     on     employ-  170.     Penalty    for    violation    of 

ment    of   children   under  this  Article. 

fourteen.  171.     Prohibition   against  theat- 

167.  Same:  Children  under  six-  rical       employment       of 

teen:       Educational     re-  children. 

quirements.  172.     Employment  of  minors  in 

168.  Employers  to  keep  record  saloons:     Penalty. 

of  minor  employees.  173.     Complaint:          Made        by 

169.  Working    hours    for    chil-  whom. 

dren  under  sixteen. 

Restrictions  on  Employment  of  Children  Under  Fourteen. 

Sec.  166.  No  child  under  fourteen  (14)  years  of  age 
shall  be  employed,  permitted  or  suffered  to  work  in  or 
in  connection  with  any  mine,  factory,  workshop,  mer- 
cantile establishment,  store,  telegraph  or  telephone  office, 
laundry,  restaurant,  hotel,  apartment  house,  or  in  the  dis- 
tribution or  transmission  of  merchandise  or  messages.  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to 
employ  any  child  under  fourteen  (14)  years  of  age  in  any 
business  or  service  whatever  during  the  hours  in 
which  the  public  schools  of  the  district  in  which  the  child 
resides  are  in  session,  or  before  the  hour  of  six  (6)  o'clock 
in  the  morning,  or  after  the  hour  of  nine  (9)  o'clock  in 
the  evening;  Provided,  That  any  such  child  over  the  age 
of  twelve  (12)  years  may  be  employed  at  any  of  the  oc- 
cupations mentioned  in  this  Act  during  the  regular  vaca- 
tions of  two  weeks  or  more  of  the  public  schools  of  the 
district  in  which  such  child  resides. 

Laws  1911,  page  548. 

Same — Children  Tinder  Sixteen — Educational  Requirements. 

Sec.  167.     No  minor  who  is  under  sixteen   (16)   years 


IDAHO   SCHOOL   LAWS.  95 

of  age  shall  be  employed  or  permitted  to  work  at  any  gain- 
ful occupation  during  the  hours  that  the  public  schools 
of  the  school  district  in  which  he  resides  are  in  session, 
unless  he  can  read  at  sight  and  write  legibly  simple  sen- 
tences in  the  English  language,  and  has  received  instruc- 
tions in  spelling,  English  grammar,  and  geography  and  is 
familiar  with  the  fundamental  operations  of  arithmetic 
up  to  and  including  fractions,  or  has  similar  attainments 
in  another  language. 

Laws  1911,  page  548. 

Employers  to  Keep  Record  of  Minor  Employees. 

Sec.  168.  Every  person,  firm,  corporation,  agent  or 
officer  of  a  firm  or  corporation  employing  or  permitting 
minors  under  sixteen  (16)  years  of  age  and  over  fourteen 
(14)  years  of  age  to  work  in  any  mine,  factory,  work- 
shop, mercantile  establishment,  store,  telegraph  or  tele- 
phone office,  laundry,  restaurant,  hotel,  apartment  house, 
or  on  the  distribution  or  transmission  of  merchandise  or 
messages,  shall  keep  a  record  of  the  names,  ages,  and 
place  of  residence  of  such  minors. 

Laws  1911,  page  548. 

Working  Hours  for  Children  Under  Sixteen. 

Sec.  169.  No  person  under  the  age  of  sixteen  (16) 
years  shall  be  employed  or  suffered  or  permitted  to  work 
at  any  gainful  occupation  more  than  fifty-four  (54)  hours 
in  any  one  (1)  week,  nor  more  than  nine  (9)  hours  in  any 
one  (1)  day;  nor  before  the  hour  of  six  (6)  o'clock  in  the 
morning,  nor  after  the  hour  of  nine  (9)  o'clock  in  the 
evening. 

Laws  1911,  page  548. 

Penalty  for  Violation  of  this  Article. 

Sec.  170.  Whoever  employs  a  child  under  sixteen  years 
of  age,  and  whoever  having  under  his  control  a  child 
under  such  age  permits  such  child  to  be  employd  in  vio- 
lation of  Sections  1  and  2  of  this  Act  shall,  for  such  of- 
fense, be  fined  not  more  than  Fifty  Dollars  ($50),  and 
whoever  continues  to  employ  any  child  in  the  violation 
of  either  of  said  sections  of  this  Act  after  being  notified 
by  a  truant  officer,  probation  officer,  or  school  authority 
shall,  for  every  day  thereafter  that  such  employment  con- 
tinues, be  fined  not  less  than  Five  Dollars  ($5.00)  nor 
more  than  Twenty  Dollars  ($20).  A  failure  to  produce 
to  a  truant  officer,  policeman,  probation  officer,  or  school 
authority,  ^  the  age  record  required  by  this  Act  shall  be 
prima  facie  evidence  of  the  illegal  employment  of  any 


96  IDAHO   SCHOOL  LAWS. 

person  whose  age  record  is  not  produced.  Any  parent, 
guardian  or  custodian  of  a  minor  under  sixteen  (16) 
years  of  age  who  knowingly  swears  falsely  as  to  the  age 
of  such  child  for  the  purpose  of  obtaining  an  age  record  is 
guilty  of  perjury. 

Laws  1911,  page  549. 

Cited:     State  vs.  Drury,  25  Ida.  787;   139  Pac.  1129. 

Prohibition  Against  Theatrical  Employment  of  Children. 

Sec.  171.  Any  person,  whether  as  parent,  relative, 
guardian,  employer  or  otherwise,  having  the  care,  custody 
or  control  of  any  child  under  the  age  of  sixteen  years, 
who  exhibits,  uses  or  employs  in  any  manner  or  under  any 
pretense,  sells,  apprentices,  gives  away,  lets  out,  or  dis- 
poses of  such  child  to  any  person,  under  any  name,  title, 
or  pretense,  for  or  in  any  business,  exhibition  or  vocation, 
injurious  to  the  health  or  dangerous  to  the  life  or  limb 
of  such  child,  or  in  or  for  the  vocation,  occupation,  serv- 
ice or  purpose  of  singing,  playing  on  musical  instruments, 
rope  or  wire  walking,  dancing,  begging  or  peddling,  or 
as  gymnast,  acrobat,  or  contortionist,  or  rider,  or  in  any 
place  whatsoever,  or  for  any  obscene,  indecent  or  immoral 
purpose,  exhibition  or  practice  whatsoever,  or  for  or  in 
any  medicant,  or  wandering  business  whatsoever,  or  who 
causes,  procures,  or  encourages  such  child  to  engage  there- 
in, is  guilty  of  a  misdemeanor,  and  punishable  by  a  fine 
of  not  less  than  Fifty  Dollars  ($50)  nor  more  than  Two 
Hundred  and  Fifty  Dollars  ($250),  or  by  imprisonment 
in  the  county  jail  for  a  term  not  exceeding  six  (6)  months 
or  by  both  such  fine  and  imprisonment.  Every  person 
who  takes,  receives,  hires,  employs,  uses,  exhibits,  or  has 
in  custody  any  child  under  the  age  and  for  any  of  the  pur- 
poses mentioned  in  this  section  is  guilty  of  a  like  offense 
and  punishable  by  like  imprisonment.  Nothing  in  this  sec- 
tion contained  applies  to  or  affects  the  employment  or  use 
of  any  such  child  as  a  singer  or  musician  in  any  church, 
school  or  academy,  or  the  teaching  or  learning  of  the 
science  of  practice  of  music. 

Laws   1911,  page   549. 

Employment  of  Minors  in  Saloons — Penalty. 

Sec.  172.  Any  person  whether  as  parent,  guardian, 
employer  or  otherwise,  and  any  firm  or  corporation,  who 
as  employer  or  otherwise,  shall  send,  direct,  or  cause  to 
be  sent  or  directed  any  minor,  to  any  saloon,  gambling 
house,  house  of  prostitution  or  other  immoral  place;  or 
who  shall  employ  any  minor  to  serve  intoxicating  liquors 
to  customers,  or  who  shall  employ  a  minor  in  handling  in- 


IDAHO   SCHOOL  LAWS.  97 

toxicating  liquor  or  packages  containing  such  liquors  in 
a  brewery,  bottling  establishment  or  other  place  where 
such  liquors  are  prepared  for  sale  or  offered  for  sale, 
shall,  for  each  offense,  be  punished  by  a  fine  of  not  less 
than  Fifty  Dollars  ($50)  or  imprisonment  for  not  less 
than  two  (2)  months  or  by  both  such  fine  and  imprison- 
ment. 

Laws  1911,  page  550. 

Complaint — Made  By  Whom. 

Sec.  173.  The  probation  officer,  or  in  counties  where 
there  is  no  probation  officer,  one  or  more  of  the  school 
trustees  shall  visit  the  various  places  of  employment  men- 
tioned in  section  166  and  172  of  this  Act  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to  the 
provisions  of  this  Act,  and  they  shall  bring  complaint  for 
offenses  under  this  Act  to  the  attention  of  the  prosecut- 
ing attorney  for  pros'ecution,  but  nothing  herein  shall  be 
held  to  prohibit  any  reputable  citizen  from  bringing  com- 
plaint for  violations  of  this  Act.  All  offenses  under  this 
act  shall  be  prosecuted  in  the  probate  court. 

Laws   1911,  page  550. 

Cited:     State  vs.  Drury,  25  Ida.  787;   139  Pac.  1129. 

ARTICLE  XIX. 
STATE  LIBRARY  COMMISSION. 

Section.  Section. 

174.  State  Library  Commission:  176.     Accounts   of  State  Library 

Membership.  Commission. 

175.  Traveling     library:      Man- 

agement. 

State  Library  Commission — Membership. 

Sec.  174.  The  Attorney  General,  Secretary  of  State, 
State  Superintendent  of  Public  Instruction,  and  the  Pres- 
ident of  the  State  University,  ex-officio,  are  hereby  con- 
stituted a  State  Library  Commission,  of  which  the  Attor- 
ney General  shall  be  chairman,  '.and  the  State  Superin- 
tendent of  Public  Instruction  secretary. 

Laws   1911,  page   550. 

Traveling  Library — Management. 

Sec.  175.  Said  Commission  shall  have  the  manage- 
ment of  the  traveling  library  or  libraries  belonging  to  the 
State,  and  shall  make  such  rules  governing  the  use  of  the 
same,  and  of  the  books  and  property  pertaining  thereto, 
as  it  may  deem  necessary.  Said  commission  shall  cause 
said  books  to  be  distributed  throughout  the  State,  and  at 


98  IDAHO   SCHOOL  LAWS. 

suitable  intervals  change  such  distribution  in  such  man- 
ner ias  to  s'ecure  the  use  and  enjoyment  of  said  books  to 
the  people  of  the  State.  The  Commission  shall  have 
power  to  employ  a  qualified  librarian  whose  duties  shall 
be  defined  by  the  said  commission.  It  shall  co-operate 
with  the  management  of  public  schools  and  other  free 
libraries  within  the  State,  and  adopt  such  means  as  shall 
promote  their  establishment.  Said  commission  may  re- 
ceive donations  of  money,  books  or  other  property,  real 
or  personal,  for  the  benefit  of  such  traveling  library  or 
libraries,  the  title  to  which  property  shall  rest  in  the  State 
of  Idaho,  to  be  held  and  controlled  by  said  commission. 
Said  commission  shall  report  annually  to  the  Governor, 
with  such  recommendations  as  it  may  deem  proper. 

Laws   1911,  page   550. 

Accounts  of  State  Library  Commission, 

Sec.  176.  The  secretary  of  said  commission  shall 
keep  a  full  report  of  the  proceedings  of  said  commission, 
and  accurate  accounts  of  expenses  incurred  by  it  in  car- 
rying out  the  provisions  of  this  chapter.  The  chairman  of 
said  commission  may  issue  certificates,  countersigned  by 
the  secretary,  for  all  claims  against  said  commission,  in- 
curred in  the  management  of  said  traveling  library  or 
libraries,  and  in  carrying  out  the  objects  of  this  chapter, 
which  claims,  when  approved  by  the  Board  of  Examiners, 
shall  be  paid  by  warrants  drawn  upon  the  fund  in  the 
State  Treasury  provided  for  such  purpose. 

Laws  1911,  page  551. 

ARTICLE  XX. 
PUBLIC  LIBRARIES. 

Section.  Section. 

177.  Cities  may  establish  libra-  180.     Same:  Organization:  Pow- 

ries.  ers. 

178.  School     district     libraries:  181.      Libraries    to    be    free. 

Petition:     Election:     Tax  182.     Report  of  directors, 

levy.  183.      Donations  to  library. 

179.  Directors  of  library.  184.      Taxes    for    existing    libra- 

ries:    Definitions. 

Cities  May  Establish  Libraries. 

Sec.  177.  The  common  council  of  every  city  and  of 
every  village  of  the  State  of  Idaho  shall  have  power  to 
establish  a  public  library  and  reading  room,  and  for  such 
purpose  may  annually  levy,  and  cause  to  be  collected,  as 
other  taxes  are,  <a  tax  not  exceeding  one  (1)  mill  on  the 
Dollar  of  the  taxable  property  of  such  city  or  village,  to 
constitute  a  library  fund,  which  shall  be  kept  by  the  Treas- 


IDAHO   SCHOOL   LAWS.  99 

urer  separate  and  apart  from  other  moneys  of  the  city  or 
village,  and  be  used  exclusively  for  the  purchase  of  books, 
periodicals,  necessary  furniture  and  fixtures,  and  what- 
ever is  required  for  the  maintenance  of  such  library  and 
reading  room. 

Laws    1911,    page   551. 

School  District  Libraries — Petition — Election — Tax  Levy. 

Sec.  178.  The  trustees  of  a  school  district  in  which 
is  situated  no  incorporated  town  or  village,  on  the  petition 
of  twenty  (20)  electors  thereof,  shall,  upon  four  (4)  weeks' 
notice  published  in  some  newspaper  of  general  circula- 
tion published  in  the  county  wherein  such  district  is  sit- 
uated, submit  to  the  electors  thereof,  at  the  first  election 
held  therein  for  the  purpose  of  electing  »a  member  or  mem- 
bers of  the  board  of  trustees,  following  the  publication  of 
the  said  notice,  the  question  whether  there  shall  be  a 
public  library  'established  in  such  school  district  for  the 
use  and  benefit  of  the  citizens  thereof.  Those  voting  at 
such  election  in  favor  of  such  library  shall  put  upon  their 
ballots  the  words,  "Public  Library — Yes,"  and  those  voting 
thereat  against  such  library  the  words,  "Public  Library 
—No."  If  a  majority  of  the  electors  voting  at  such  elec- 
tion shall  vote  in  favor  thereof,  the  trustees  aforesaid 
have  authority,  annually,  to  levy  upon  all  the  taxable  prop- 
erty in  such  school  district  a  tax  not  exceeding  one  (1) 
mill  on  the  Dollar  valuation  thereof,  to  be  applied  to  the 
establishment  and  maintenance  of  a  library  as  aforesaid, 
and  the  procuring  of  suitable  rooms  for  the  same.  All 
boards  of  school  trustees,  >acting  under  the  provisions  of 
this  section,  shall  perform  the  same  duties  required  of, 
and  have  the  same  power  and  authority  granted  to,  the 
common  council  of  a  city  or  a  village  by  the  provisions  of 
this  chapter  under  like  conditions,  and  the  treasurer  of 
such  board  of  trustees  shall  perform  the  duties  of  treas- 
urer for  the  public  library. 

Laws    1911,    page    551. 

Directors  of  Library. 

Sec.  179.  For  the  government  of  such  library  and 
reading  room  there  shall  be  a  board  of  five  (5)  directors 
appointed  by  the  council  of  such  city  or  village  from 
among  the  citizens  thereof  at  large,  and  not  more  than  one 
(1)  member  of  the  council  of  such  city  or  village  shall, 
at  any  time,  be  a  member  of  said  board.  Such  directors 
shall  hold  their  office  for  three  (3)  years  from  the  date 
of  appointment,  and  until  their  successors  are  appointed, 
but  upon  their  first  appointment  they  shall  divide  themselves 


100  IDAHO   SCHOOL  LAWS. 

at  their  first  meeting,  by  lot,  into  three  (3)  classes:  Two 
(2)  members  shall  form  the  first  class  and  shall  serve 
for  one  (1)  year  from  the  date  of  appointment;  two  (2) 
members  shall  form  the  second  class  and  shall  serve  for 
two  (2)  years  from  the  date  of  appointment;  and  one 
(1)  member  shall  form  the  third  class  and  shall  serve 
for  three  (3)  years  from  the  date  of  appointment.  All 
vacancies  shall  be  immediately  reported  to  the  proper 
council  by  its  directors,  and  shall  be  filled  by  appoint- 
ment in  the  same  manner  as  appointments  are  originally 
made.  Appointments  to  complete  an  unexpired  term  shall 
be  for  the  residue  of  the  term  only.  No  compensation 
shall  be  paid  or  allowed  to  any  director  in  any  manner 
whatsoever. 

Laws    1911,   page   552. 

Same — Organization — Powers. 

Sec.  180.  Said  directors  shall,  immediately  after  their 
appointment,  meet  and  organize  by  the  election  of  one  (1) 
of  their  number  president,  and  by  the  election  of  such 
other  officers  as  they  may  deem  necessary.  They  shall  make 
and  adopt  such  by-laws,  rules  and  regulations  for  their 
own  guidance  and  for  the  government  of  the  library  and 
reading  room  as  may  be  expedient.  They  shall  have  the 
exclusive  control  of  the  expenditure  of  all  moneys  collect- 
ed for  the  library  fund,  and  the  supervision,  care,  and  cus- 
tody of  the  room  or  buildings  constructed,  leased  or  set 
apart  for  that  purpose;  and  such  money  shall  be  drawn 
from  the  treasury  by  the  proper  officers,  upon  properly  au- 
thenticated vouchers  of  the  board  of  directors,  without 
otherwise  being  audited.  They  may,  with  the  approval  of 
the  common  council,  lease  and  occupy,  or  purchase  or  erect 
on  purchased  ground,  an  appropriate  building;  Provided: 
That  not  more  than  one-half  (1-2)  of  the  income  in  any 
one  (1)  year  can  be  set  apart  in  said  year  for  such  pur- 
chase or  building.  They  may  appoint  a  librarian  and  as- 
sistants, and  prescribe  rules  for  their  conduct. 

Laws  1911,  page  553. 

Libraries  to  be  Free. 

Sec.  181.  Every  library  and  reading  room  established 
under  this  chapter  shall  be  forever  free  for  the  use  of  the 
inhabitants  of  the  city,  village,  or  school  district  where 
located,  always  subject  to  such  reasonable  rules  and  regu- 
lations as  the  library  board  may  find  necessary  to  adopt 
and  publish  in  order  to  render  the  use  of  the  library  and 
reading  room  of  the  greatest  benefit  to  the  greatest  num- 
ber, and  they  may  exclude  and  cut  off  from  the  use  of 


IDAHO   SCHOOL  LAWS.  101 

said  library  and  reading  room  any  and  all  persons  who  shall 
wilfully  violate  such  rules. 

Laws  1911,  page  553. 

Report  of  Directors. 

Sec.  182.  The  said  board  of  directors  shall  make  an 
annual  itemized  report  to  the  State  Library  Commission 
on  June  Thirtieth  of  each  year,  stating  the  condition  of 
their  trust,  the  various  sums  of  money  received  from  the 
library  fund  and  from  all  sources,  -and  how  much  has  been 
expended,  the  number  of  books  and  periodicals  on  hand, 
and  the  number  added  by  purchase,  gift,  or  otherwise  dur- 
ing the  year,  the  number  lost  or  missing,  the  number  of 
books  loaned  out,  and  the  general  character  of  such  books, 
with  such  other  statistics,  information  and  suggestions  as 
they  may  deem  of  general  interest,  and  the  State  Library 
Commission  may  require. 

Laws  1911,  page  553. 

Donations  to  Library. 

Sec.  183.  All  persons  desirous  of  making  donations 
of  money,  personal  property  or  real  estate  for  the  benefit 
of  such  library  shall  have  the  right  to  vest  the  title  to 
the  same  in  the  board  of  directors  created  under  this  chap- 
ter, to  be  held  and  controlled  by  said  Board,  when  ac- 
cepted according  to  the  terms  of  the  deed  or  gift,  devise 
or  bequest  of  such  property;  and  as  to  such  property  the 
said  Board  shall  be  held  and  considered  to  be  the  special 
trustees. 

Laws  1911,  page  554. 

Taxes  for  Existing  Libraries — Definitions. 

Sec.  184.  In  case  a  free  subscription  library  has  been 
established  in  any  city  or  incorporated  village,  and  duly 
incorporated  and  organized,  the  council  may  levy  a  tax 
for  its  support,  as  provided  in  this  Chapter,  without 
change  in  the  organization  of  such  library  association; 
Provided:  It  becomes  a  free  library.  The  sums  so  raised 
shall  be  duly  paid  to  the  officer  duly  'authorized  to  receive 
the  same,  and  shall  be  under  the  control  of  said  library 
association ;  Provided :  That  if  at  any  time  the  said  library 
association  ceases  to  exist,  or  for  any  reason  fails  to  pro- 
vide a  free  circulating  library  as  required  by  the  pro- 
visions of  this  Chapter,  the  books  and  other  property  ac- 
cumulated from  the  proceeds  of  the  levy  herein  author- 
ized shall  become  the  property  of  the  city  or  village,  and 
be  subject  to  the  control  of  the  council  as  herein  provided. 


102  IDAHO   SCHOOL  LAWS. 

In  this  Chapter,  unless  the  context  otherwise  requires, 
"library"  includes  libraries  with  branches,  loans,  refer- 
ence, traveling  and  reading  room  department,  lectures 
and  museums;  "city"  includes  towns  and  villages;  "coun- 
cil" means  the  legislative  body  of  an  incorporated  city, 
town  or  village;  "mayor"  means  the  chief  executive  offi- 
cer of  an  incorporated  city,  town  or  village. 

Laws   1911,  page  554. 

ARTICLE  XXI. 
MISCELLANEOUS  PROVISIONS. 

s.Ttion.  Section. 

185a.  School  year:    Beginning.  189.     Establishment    of    kimlor- 

iSfib.   Srlx.ol   month.  gartens. 

185c.  Use    of    school    house    as  190a.  Physiology  and  hygiene. 

community  center.  190b.  Same:    Trustees  to  furnish 

186.  Sectarian  and  partisan  in-  trxt  books. 

struction  forbidden.  191.     Same:        Instructions       to 

187.  Eighth      grade      examina-  teachers. 

lions.  192.     Same:     In   state    reforma- 

188.  Arbor  Day.  tories. 

193.     Same:     Refusal   or  failure 
to  teach:    Penalty. 

School  Year — Beginning. 

Sec.  185a.  The  school  year  shall  begin  on  the  second 
Monday  in  September  of  each  year.  Provided;  That  this 
does  not  require  school  terms  to  begin  on  this  date,  but 
such  terms  may  begin  at  such  time  as  is  fixed  by  the  boards 
of  trustees  of  school  districts. 

Laws  1913,  page  451. 

School  Month. 

Sec.  185b.  A  school  month  is  four  (4)  weeks,  of  five 
(5)  school  days. 

Laws  1913,  page  451.     Formerly  Laws  1911,  page  554,  Sec.  185. 

Use  of  School  House  as  Community  Center. 

Sec.  185c.  The  trustees  of  any  school  district  shall  have 
the  power  to  authorize  the  use  of  any  school  house  or  school 
houses  in  said  district  as  a  community  center. 

Laws  1913,  page  451. 

Sectarian  and  Partisan  Instruction  Forbidden. 

Sec.  186.  No  books,  papers,  tracts  or-  documents  of 
a  political,  sectarian,  or  denominational  character  shall 
be  used  or  introduced  in  any  school  established  under  the 
provisions  of  this  Chapter,  and  any  and  every  political, 
sectarian,  or  denominational  doctrine  is  hereby  expressly 


IDAHO   SCHOOL    LAWS  103 

forbidden  to  be  taught  therein;  nor  shall  any  teacher  or 
any  district  receive  any  of  the  public  school  moneys  in 
which  the  schools  have  not  boon  taught  in  accordance  with 
the  provisions  of  this  Chapter. 

n   1911.    page   554. 

Eighth  Grade  Examinations. 

Sec.  187.  It  shall  be  the  duty  of  tlw  State  Superintend- 
ent of  Public  Instruction  to  prepare,  or  cause  to  be  pre- 
pared. eighth  grade  examination  questions  to  be  used  by  the 
County  Superintendents  of  the  several  count  ios  of  the  State 
in  the  examination  of  applicants  for  eighth  grade  diplomas, 
and  to  prescribe  the  rules  and  the  regulations  for  conduct- 
ing all  such  examinations.  All  pupils  shall  be  required  to 
take  such  eighth  grade  examinations,  which  may  be  taken 
entire  at  the  close  of  the  eighth  grade  work,  or  the  examina- 
tion in  each  required  subject  may  be  taken  in  the  grade  in 
which  the  subject  is  completed,  and  only  those  pupils  shall 
be  entitled  to  pass,  who  shall  obtain  a  general  average  of 
not  less  than  eighty-five  (85)  per  cent.,  and  not  falling 
below  seventy  (70)  per  cent,  in  any  branch.  Said  exam- 
inations to  be  held  in  the  county  at  such  central  points  as 
may  be  designated  by  the  County  Superintendent,  and  there 
shall  not  be  held  to  exceed  three  such  examinations  at  the 
same  point  in  any  one  (1)  year,  and  the  dates  upon  which 
such  examinations  shall  be  held  shall  be  in  January,  April. 
and  May,  the  exact  dates  in  such  months  to  be  determined 
by  the  Stato  Board  of  Education,  and  notice  thereof  given 
to  the  County  Superintendents.  All  pupils  passing  such 
examination  shall  be  granted  a  diploma  by  the  County 
Superintendent  of  Public  Instruction.  No  pupil  under  the 
age  of  fifteen  vear?  shall  be  permitted  to  enter  the  first  year 
of  any  high  school  in  the  State  of  Idaho  who  has  not  passed 
the  eighth  grade  examination  satisfactorily  and  obtained 
his  or  her  diploma;  Provided:  That  Class  A,  Independent 
School  Districts  shall  be  exempted  from  the  provisions  of 
this  section. 

s  1915.  page  144.  Formerly  1911.  page  555:  Laws  191".  pajre  452. 


Arbor  Day. 

Sec.  188.  It  shall  be  the  duty  of  the  county  super- 
intendent to  set  apart  one  (1)  day  in  the  proper  time  in 
each  year  between  the  first  day  of  April  and  the  first  day 
of  May,  to  be  known  as  Arbor  Day.  He  shall,  by  written 
or  printed  notice,  notify  the  clerk  of  each  school  district  in 
his  county  of  the  day  so  set  apart  at  least  twenty  (20) 
days  prior  to  said  day.  It  shall  be  the  duty  of  the  authori- 


104  IDAHO   SCHOOL  LAWS. 

ties  of  every  public  school  in  this  State  to  assemble  the 
pupils  in  their  charge  on  that  day  in  the  school  building, 
or  elsewhere,  as  they  may  deem  proper,  and  to  provide  for 
and  conduct,  under  the  general  supervision  of  the  county 
superintendent  of  public  instruction,  such  exercise  as 
shall  tend  to  encourage  the  planting,  protection  and  pres- 
ervation of  trees,  and  shrubs,  and  an  acquaintance  with 
the  best  methods  to  be  adopted  to  accomplish  such  results. 
The  State  Superintendent  of  Public  Instruction  shall  have 
power  to  prescribe,  from  time  to  time,  in  writing,  a  course 
of  exercises  and  instruction  in  the  subjects  hereinbefore 
mentioned,  which  shall  be  adopted  and  observed  by  the 
school  authorities  on  Arbor  Day,  and  upon  receipt  of 
copies  of  such  course,  sufficient  in  number  to  supply  all 
the  schools  under  his  supervision,  the  county  superintend- 
ent of  public  instruction  shall  promptly  provide  each  of 
the  schools  under  his  charge  with  a  copy  and  cause  it  to  be 
adopted  and  observed. 

Laws  1911,  page  555. 

Establishment  of  Kindergartens. 

Sec.  189.  The  school  board  of  any  school  district  in 
the  State  is  hereby  empowered  to  establish  and  maintain 
free  kindergartens  in  connection  with  the  public  schools 
of  each  district  for  the  instruction  of  children  between  the 
ages  of  three  (3)  and  six  (6),  residing  in  said  district, 
and  shall  establish  such  courses  of  training,  study  and 
discipline,  and  such  rules  and  regulations  governing  such 
preparatory  or  kindergarten  school,  as  said  board  may 
deem  best;  Provided:  That  nothing  in  this  section  shall  be 
construed  to  change  the  law  relating  to  the  taking  of  the 
census  of  the  school  population  or  the  apportionment  of 
State  and  county  school  funds  among  the  several  counties 
and  districts  in  this  State;  Provided,  further;  That  the 
cost  of  establishing  and  maintaining  such  kindergartens 
shall  be  paid  from  the  special  school  fund  of  said  districts, 
and  the  said  kindergartens  shall  be  a  part  of  the  public 
school  system,  and  governed,  as  far  as  practicable,  in  the 
same  manner  and  by  the  same  officers  as  is  now,  or  here- 
after may  be,  provided  by  law  for  the  government  of  other 
public  schools  of  the  State;  Provided,  further:  That  all 
teachers  employed  in  these  schools  shall  have  a  diploma, 
from  some  reputable  kindergarten  training  school,  or  shall 
be  licensed  in  accordance  with  the  rules  and  regulations 
established  by  the  State  Superintendent  of  Public  Instruc- 
tion. 

Laws  1911,  page  556. 


IDAHO   SCHOOL   LAWS.  105 

Physiology  and  Hygiene. 

Sec.  190a.  That  physiology  and  hygiene,  which  shall, 
in  each  division  of  the  subject  so  pursued,  include  special 
reference  to  the  nature  of  alcoholic  drinks,  stimulants,  and 
narcotics  and  their  effects  upon  the  human  system,  and 
which  shall  be  included  in  the  branches  of  study  required  by 
law  to  be  taught  in  the  common  schools  of  this  State,  shall 
be  introduced  and  studied  in  a  regular  branch  during  each 
school  term,  or  during  such  portion  of  each  school  term  as 
may  be  necessary  to  enable  all  pupils  to  pass  prescribed 
examinations  in  the  text  books  on  said  study,  furnished  the 
respective  grades  and  corresponding  classes  in  ungraded 
schools,  in  all  departments  of  the  common  schools  of  the 
State,  in  State  reformatories  and  in  all  educational  in- 
stitutions supported  wholly  or  in  part  by  appropriations  by 
the  State. 

Laws  1911,  page  556. 

Same — Trustees  to  Furnish  Text  Books. 

Sec.  190b.  It  shall  be  the  duty  of  the  boards  of  trus- 
tees of  the  several  school  districts  in  this  State  to  provide 
the  best  authoritative  text  books  that  can  be  obtained  on 
said  study,  and  also  to  provide  needed  facilities,  and  to  ar- 
range definite  time  and  place  for  this  branch  in  the  regular 
course  of  study.  The  text  books  in  the  pupils'  hands  shall 
be  graded  in  accordance  with  their  respective  school 
grades,  'and  correspondingly  in  ungraded  schools,  and  in 
the  lower  grades  where  text  books  on  said  subject  are  not 
in  the  hands  of  pupils,  oral  instruction  in  this  subject  shall 
be  given  by  teachers  using  illustrations,  charts,  and  stan- 
dard text  books  adapted  to  such  oral  instruction,  and  the 
same  test  shall  be  required  in  this  branch  for  promotion 
as  in  other  studies. 

Laws  1911,  page  557. 

Same — Instructions  to  Teachers. 

Sec.  191.  In  all  teachers'  training  classes  in  the  nor- 
mal schools  of  this  State,  and  in  teachers'  institutes,  ade- 
quate time  and  attention  shall  be  given  to  instruction  in 
the  best  methods  of  teaching  this  branch,  and  a  competent 
lecturer  on  this  subject  shall  be  secured  for  teachers'  in- 
stitutes and  'associations. 

Laws   1911,  page   557. 

Same — In  State  Reformatories. 

Sec.  192.  The  superintendents  of  State's  reformatories 
shall  make  suitable  provision  for  the  teaching  of  this  branch 
in  said  reformatories. 

Laws  1911,  page  557. 


106  IDAHO   SCHOOL  LAWS. 

Same — Eefusal  or  Failure  to  Teach — Penalty. 

Sec.  193.  On  satisfactory  evidence  that  any  teacher 
has  wilfully  refused  or  neglected  to  teach  this  subject,  as 
herein  provided,  the  State  or  county  superintendent  shall 
revoke  the  certificate  of  such  teacher.  Such  revocation  not 
to  be  made,  however,  without  thirty  (30)  days'  notice  to 
such  teacher  and  the  consideration  of  such  evidence  as  may 
be  produced  in  his  support. 

Laws  1911,  paero  557. 

ARTICLE  XXII. 
REPEALING  CONFLICTS. 

Section.  Section. 

194.      Repealing  clause.  195.     Act     is     complete     school 

code. 

Repealing  Clause. 

Sec.  194.  All  Acts  or  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed. 

Laws  1911,  page  557. 

Act  is  Complete  School  Code. 

Sec.  195.  This  Act  is  intended  to  constitute  a  com- 
plete code  and  system  for  the  government  and  regulation 
of  the  common  schools  of  Idaho,  and  is  intended  to  be  com- 
plete in  itself,  without  reference  to  or  aid  from  other  laws; 
and  all  Acts  or  parts  of  Acts  which  modify  or  tend  to  modi- 
fy this  Act  or  any  part  thereof  shall  be  disregarded  by  the 
Courts  in  the  construction  of  this  Act. 

Laws  1911,  page  557. 

ARTICLE  XXIII. 
FREE  TUITION. 

Section.  Section. 

196.  Tuition:     Payment  by  dis-  198.     Same:      Duty     of     County 

trict.  Superintendent. 

197.  Same:    Rate  of  tuition.  199.     Same:       Duties      of     high 

schools. 

Tuition — Payment  by  District. 

Sec.  196.  All  school  districts  within  the  State  of  Idaho 
which  do  not  maintain  a  four  year  high  school  shall  pay 
tuition  for  pupils  of  such  district  who  have  completed  the 
course  offered  therein,  and  who  desire  to  attend  high  school 
in  another  district.  If  the  two  districts  are  in  the  same 
county,  the  amount  of  tuition  as  hereinafter  set  forth  shall 


IDAHO   SCHOOL  LAWS.  107 

be  transferred  by  the  County  Superintendent  from  the  dis- 
trict wherein  the  pupil  resides  to  the  district  wherein  he 
attends  high  school  from  the  county  school  fund.  If  the  two 
districts  are  in  different  counties,  the  County  Superintend- 
ent of  one  county  shall  remit  to  the  County  Superintendent 
of  the  other  county,  and  the  amount  remitted  shall  be 
charged  to  the  account  of  the  district  in  the  county  wherein 
the  pupil  lives  and  credited  to  the  high  school  district  within 
the  other  county  where  the  pupil  attends  high  school.  Pay- 
ment of  such  high  school  tuition  shall  be  judged  a  part  of 
the  necessary  minimum  exp'ense  of  any  district  in  applying 
special  aid  under  Section  67,  Chapter  159,  Laws  1911,  as 
amended  by  Section  2  of  Chapter  13,  Laws  1912. 

Laws  1915,  page  141,  Sec.  1. 

Cross  References:  Common  school  districts,  see  Sec.  58d;  Inde- 
pendent school  districts,  see  Sec.  129b;  Rural  High  school  districts, 
see  Sec.  137b. 

Same — Rate  of  Tuition. 

Sec.  197.  The  maximum  rate  of  tuition  shall  be  three 
dollars  ($3.00)  per  pupil  per  school  month  with  the  excep- 
tion that  high  schools  maintaining  departments  of  agricul- 
ture, home  economics,  manual  training  or  other  vocational 
work  may  receive  four  dollars  ($4.00)  per  school  month 
when  at  least  two  (2)  such  departments  are  approved  by 
the  County  Superintendent  of  Public  Instruction  and  the 
State  Board  of  Education.  Tuition  shall  be  charged 
monthly  and  a  fraction  of  a  month  shall  be  deemed  a  month. 
No  district  which  receives  aid  under  Section  67  of  Chapter 
159,  Laws  1911,  as  amended  by  Section  2  of  Chapter  13  of 
the  Laws  1912,  shall  charge  more  than  Three  Dollars 
($3.00)  per  month  tuition. 

Laws  1915,  page  142,  Sec.  2. 

Same — Duty  of  County  Superintendent. 

Sec.  198.  Bills  of  tuition  of  non-resident  pupils  shall  be 
rendered  by  the  superintendent  of  the  high  school  district 
in  which  the  pupils  are  attending  school,  and  when  ap- 
proved by  the  County  Superintendent  of  Public  Instruction, 
such  County  Superintendent  is  empowered  to  make  the 
proper  transfer  of  funds.  The  State  Board  of  Education 
shall  prepare  and  have  printed  and  distributed  a  sufficient 
number  of  blank  forms  for  that  purpose. 

Laws  1915,  page  142,  Sec.   3. 

Same — Duties  of  High  Schools. 

Sec.  199.  Every  high  school  within  the  State  of  Idaho, 
subject  to  the  general  school  laws  of  the  State  shall  receive 


108  IDAHO   SCHOOL  LAWS. 

non-resident  pupils  upon  the  basis  above  set  forth,  except 
when  it  would  work  a  hardship  upon  the  high  school  dis- 
trict; Provided,  that  the  County  Superintendent  of  Public 
Instruction  shall  be  the  judge  of  such  cases  subject  to  re- 
view by  the  State  Board  of  Education;  and  Provided  fur- 
ther, that  high  schools  shall  not  be  required  to  admit  pupils 
who  have  not  passed  the  eighth  grade  State  examination, 
or  in  some  other  manner  established  their  fitness  to  enter 
said  high  school. 

Laws   1915,   page   142,   Sec.    4. 


INDEX 


A. 

Academy   of  Idaho —                                                                    Section  Page 

Budget     8d  9 

Supervision   and   control   by   State   Board   of   Edu- 
cation       1  5 

Albion   State   Normal    School — . 

Budget     8d  9 

Supervision   and   control   by   State   Board   of   Edu- 
cation       1  5 

Apportionment — 

By  County  Superintendents  to  Districts 67  42 

By  State   Superintendent  to   Counties 66  41 

In    consolidated    School    Districts 47c  22 

In  Joint  Districts    51  27 

In    new    Districts    51  26 

Arbor  Day — County  Superintendents  to  designate 188  103 

Attorney  General — 

Member  State  Library  Commission 174  97 

Attorneys — Employment  by   School    Districts 58m  37 

B. 

Board  of  Education — 

(See  State  Board  of  Education) 
Board  of  Kegents  of  the  University  of  Idaho — 

(See  State  Board  of  Education) 
Bonds — 

(See  Official  Bonds) 

Division    of   school   districts — effect 47a  2 In 

New    districts    may    issue — when 47b  22n 

Common  School  Districts. 

Board  of  Trustees  may  issue — when 76  47 

Election     76  47 

Election — how  held    77  48 

Failure  to  put  over  bond  money — felony 84  51 

Funding    bonds     76  47 

Interest   on   bonds   sold    to    State 82  50 

Interest   secured    82  49 

Issuance     76  47 

Investment    of   sinking   fund 80  49 

Liability  of  districts  for 79  48 

Redemption    81  49 

Redemption  of  bonds  sold  to  State 82a  50 

Refunding   bonds    76  47 

Registration     77  48 

Sale    78  48 

Tax   levy   for 80  48 

To  be   printed    83  50 

Independent  School  Districts. 

Election     131  76 

For    buildings    131  76 

Funding  bonds    130  75 


110  INDEX 

Section  Page 

Issuance     131  76 

Refunding   bonds    130  75 

Registration    131  76 

Sale     131  76 

Tax   levy   for    132  76 

Rural   High   School   Districts. 

Consolidated — liability  for  bonds    134b  78 

Election     139  82 

Budget — 

State   Board   of  Education 7e  8 

State   Institutions 8d  9 

C. 

Census — • 

Clerks   of  School   Boards   to   furnish 148  84 

Common  School  Districts 58k  36 

To  be  checked   with  enrollment 149a  85 

Certificates — 

(See  Certification  of  Teachers) 
(See  Teachers) 

Teachers   in  Joint  Districts    50  25 

Teachers    must   have    87  52 

Certification  of  Teachers — 

Certificates  not   granted   to   aliens 88  53 

Examinations — when   and   where    held 89  53 

State  Board  of  Education  to  supervise 8k  11 

State  and  State  Life  Certificates. 

Classes  of  certificates 70a  53 

Fees  for  certificates  96  58 

Grades  of  applicants  to  be  preserved 98b  59 

High  School  certificates  95c  56 

High  School  certificates — five  years 95e  57 

High  School  certificates — life  95f  57 

High  School  certificates — one  year 95d  57 

Life  certificate  by  examination 95  56 

Life  certificate  by  endorsement 93  55 

Record  of  certificates .  98a  58 

Revocation  of  certificates  .  . 97  58 

Specialists'  State  certificates  91b  54 

State  Board  of  Education — supervisory  powers...  90c  54 

State  Board  of  Education  to  classify  high  schools  90a  56 

95b  56 

State  certificate  by  examination  94  56 

State  certificate  by  endorsement 9 la  54 

University  of  Idaho  graduates  entitled  to 92  55 

Where  valid 90b  53 

98b  59 

County  Certificates. 

First    Grade    certificates 10 3a  62 

First    Grade    certificates — renewal     103b  62 

;         General    requirements .••,-,•  •  •.  •.  •  -.  •  ............  lOjQ  59 

Grades    of   certificates    99  59 

Permits   to   teach    105  63 


INDEX  111 

Section  Page 

Professional  school  for  teachers  defined lOlb  61 

Record   of  certificates    107  63 

Revocation  of  certificates    106  63 

Second  Grade  certificates    102a  61 

Second  Grade  certificates — renewal    102b  62 

Third  Grade  certificates    lOla  60 

Third   Grade   certificates — renewal    lOlc  61 

Where    valid    90b  53 

Child  Labor  Act- 
Complaint   under — made   by  whom 173  97 

Educational    requirements     167  94 

Employers  to  keep  record  of  minor  employees...  168  95 

Employment   of   minors   in   saloons 172  96 

Restrictions   on   employment    166  94 

Theatrical    employment    of    children 171  96 

Violation  of  Act — penalty 170  95 

Working  hours  for  children  under  sixteen 169  95 

Children— 

(See  Child  Labor  Act) 

(See  Delinquent  Children) 

(See  Expulsion   of  Pupils) 

(See  Juvenile   Disorderly   Person) 

(See  School  Children) 

(See  Suspension  of  Pupils) 

Clerk- 
Common    School    District — compensation 58c  33 

Common    School    District — election 53  28 

Common  School  District — notice  of  annual  meeting  54f  32 

Common  School  District — to  keep  records 58 j  36 

Common  School  District — to  take  census 58k  36 

Independent    School    Districts    127  70 

Rural  High  School   Districts 136c  79 

To  be   notifie   dof   contagious   disease 142  83 

To    furnish    census    list 148  84 

Commissioner  of  Education — 

Annual  report    9  12 

Appointment    7a  8 

Certification  of  teachers    8k  11 

Enforcement    of   health   laws    8m  11 

Powers  in  general    8  9 

Qualifications     7a  8 

Recommendations     9  12 

Recommendations  to  legislature    8c  9 

Removal    7a  8 

Reports  and  statistical  tables 8p  12 

Reports  of  schools  to    80  11 

Supervision  of  buildings  and  construction 8f  10 

Supervision    of   courses    of   study   in   state   institu- 
tions       8g  10 

Supervision  of  health  in  schools   8n  11 

Supervision  of  school   expenditures    8e  10 

Supervision    of   schools 8b  9 

Supervision  of  State  Library  Commission 81  11 


112  INDEX 

Section  Page 

Supervision   of  summer  normal   schools 8j  10 

Supervision  of  text  books 8i  10 

To  prepare  budget  for  state  institutions 8d  9 

To  prescribe  minimum  course  of  study  for  schools        8h  10 

Commitment — 

Child    delinquent     157  89 

Juvenile  disorderly  person    162  92 

Common  School  Districts — 

Accounts   with   County   Superintendent 69  43 

Accounts  with   County  Treasurer 68  43 

Annual   financial   report    61  38 

Annual   meeting — business    54e  31 

Annual    meeting — notice    54f  32 

Annual  school  meeting   54a  29 

Anti-Nepotism  Act  does  not  apply 46  2 On 

Apportionment  of  funds  to    67  42 

Apportionment  to   new  districts    51  27 

Body  corporate — name    46  20 

Census     58k  36 

Certification  of  levies  to  County  Commissioners.  65b  40 

Collection    of   taxes    56  32 

Consolidation  with  Independent  Districts 49a  24 

Corporate    powers     58g  34 

Creation — petition     47a  21 

Deficiency   warrants   in   emergencies    7 la  45 

Deficiency  warrants — when   allowed    71  44 

Division  and  change  of  boundaries 47cc  22 

Division  by  creation  of  new  counties 5 Ob  26 

Election  of  Trustees    54b  29 

Free  tuition  in  High   School 196  106 

Income — how    computed     71  45n 

Investment    of    surplus    money 75  46 

Janitor     58h  35 

Lapsed    districts    52  27 

Length  of  school  term    54d  30 

Levy  for  special  tax    54c  29 

Liability  for  bonds 79  48 

Library 58i  35 

178  99 

May  establish  kindergartens    189  104 

New   districts — organization   complete   when 47b  21 

New  districts — power  to  vote  bonds — when 47b  22n 

Non-resident  pupils    60  38 

Not   a   municipal   corporation 46  2 On 

Petition   to    create — signers    • 47b  21 

Pupils  from  other  districts 47d  23 

Qualifications  of  electors  at  annual  meeting 54b  29 

Qualifications  of  electors  to  vote  special  tax 54c  30 

Quarantine     54d  31 

Removal    of  school   site    58g  35 

Tax  levy  for  bonds    80  48 

Tax  levy  for  libraries    178  99 

Tuition 58d  33 

Warrants  countersigned  by  County  Superintendent  69  43 


INDEX  113 

Section          Page 

Warrants — how  drawn    70  44 

Common  School  District  Trustees — 

Annual   financial   report    61  38 

Attendance  at  meetings    58n  37 

Chairman    53  28 

Clerk    53  28 

Construction    contracts    58g  34 

Contracts   prohibited    58g  34 

Corporate  powers    58g  34 

County  Superintendent  to  appoint  in  new  districts      44  19 

Duties  in  general    58  33 

Election 54b  29 

Failure  to  pay  over  bond  money — a  felony 84  50 

Investment   of   surplus    money    75  47 

May  establish  kindergartens    189  104 

May  establish  libraries 178  99 

May  issue  bonds    76  47 

May  isue  funding  bonds    76  47 

May  use  school  house  as  community  center 185c  102 

Meetings — regular,  special,  adjourned    57  33 

Members     to     attend     meeting     called     by   County 

Superintendent     62  39 

Oath    of    office     53  28 

Orders   for  warrants 72  46 

Power  to  make  special  levy   54e  31 

Qualifications 53  28 

Record    of   minutes    58 j  36 

Relatives  of — elected  as  teachers 581  37 

To  discharge  teachers    58e  34 

To  dismiss  insubordinate  pupils   58 jj  36 

To    employ   attorney    58m  37 

To  employ  teachers    58a  33 

To  fix  compensation  of  clerk   58c  33 

To  fix  compensation  of  teachers 58b  33 

To  fix  rate   of  tuition    58d  33 

To  furnish  blank  reports    85  51 

To  furnish  register  to  teachers    85  51 

To  furnish  text  book  on  physiology  and  hygiene..  190b  105 

To  make  tax  levy  for  bonds    80  48 

To  provide  flag 59  37 

To  provide  furniture,  janitor  service,  etc 58h  35 

To  provide   school   library    58i  35 

To  qualify — when     55  32 

To  report  delinquents    164  93 

To  report  on  library  to  County  Superintendent...      58i  35 

To  review  teachers'  suspension  of  pupils 86a  51 

To  take  census    58k  36 

Community  Center — School  house  may  be  used  as....  185c  102 

Complaint — 

Hearing  on  against  juvenile  disorderly  person....  162  92 

Issuance   of  warrant  on    155  88 

Under  Child   Labor  Act    173  97 

Who  may  file  against   child   delinquent 154  87 

Who  may  file  against  juvenile  disorderly  person..  162  92 


114  INDEX 

Compulsory  Education —                                                            Section  Page 

Absent  pupils  to  be  reported 149b  85 

Act     160  91 

Census  list  and  enrollment  to  be  checked 149a  85 

Clerk  of  School  Boards  to  furnish  census  list 148  84 

County  Superintendent's  duty    150  85 

County  Superintendent  to  publish  law 147  84 

Duty  of  probation  officer   151  85 

School  Trustees  to   report  delinquents 164  93 

Consolidated  Rural  High  School  Districts — 

Formation     134a  78 

Liability   for    bonds    134b  78 

Consolidated  School  Districts — 

Accounts  with  County  Superintendent    69  43 

Accounts  with  County  Treasurer    68  43 

Apportionment     47c  22 

Apportionment   of  funds  to    67  42 

Certification  of  levy  to  County  Commissioners....      65b  40 

Common  and  Independent   49a  24 

Common  and  Independent  become  Independent..      49d  25 

Common  and  Independent — election    49b  24 

Directors   of  Common — Independent 49e  25 

Formation — petition    47e  22 

Proposed  plans  to  be  indorsed  by  State  Board  of 

Education     47c  22 

Rural  High  School  Districts    134a  78 

Warrants  countersigned  by  County  Superintendent     69  43 

Contracts — 'Prohibited  in  certain  cases 126  70 

County  Auditor — 

To  draw  warrants  for  school  districts 73  46 

County  Commissioners — 

Consolidation  of  districts — duties    49a  24 

Levy  for  County  school  taxes    65b  40 

Levy  for  special  school  taxes 54c  30 

Power  to  create  and  change  boundaries  of  school 

districts     47a  21 

Power  to  segregate  joint  school   districts 47a  21n 

To  act  on  petitions — when   49  24 

To  furnish  office  and  supplies  for  County  Superin- 
tendent          38  17 

County  School  Taxes — 

Collection    65  40 

Fines  and   penalties 65  40 

Levy  for 65a  40 

County  Superintendent  of  Public  Instruction — 

Annual  report  to  State  Superintendent 43a  19 

Apportionment   in   joint   districts    51  27 

Apportionment  in  new  districts    51  26 

Assistants    37e  17 

Bond    36  16 

Duties  in  general    37a  16 

Duties  prescribed  by  State  Board  of  Education...      37b  17 

Duty   respecting   free    tuition    198  107 

Election                                                                                              35  15 


INDEX  115 

Section  Page 

Expenses   of  examinations    42  18 

Failure  to  make  annual  report — penalty 45  19 

Meetings   with  State   Superintendent 21  13 

Oath   of   office    36  16 

Office     38  17 

Office  days    37d  17 

Office  hours    37e  17 

Qualifications     36  16 

Residence    35  15 

Right  to  employ  assistants  at  County  expense....      37e  17n 

Salary    35  15n 

Supervision  of  buildings    39  18 

Supervision  of  School   District  boundaries 43b  19 

Supervision  of  school  sanitation    39  18 

Supplies 38  17 

Term  of  office 35  15 

To  appoint  Trustees  in  new   districts 44  19 

To  apportion   funds   to   districts  ....,,,,,.....,,,      67  42 
To  approve   change    of   boundaries    of   school    dis- 
tricts           47cc  23 

To  countersign  orders  for  warrants    ,.,,,.    72  46 

To  countersign  warrants  for  districts    69  43 

To  give  notice  of  annual  school  meetings 54f  32 

To  give    notice    of     petition     to     change     district 

boundaries    48  23 

To  give  notice  of  petition  to  create  districts 48  23 

To  hold   teachers'   examinations 41  18 

To  hold  teachers'  institutes    108  64 

To  issue  permits  to  teach   41  18 

To  keep   accounts   with    districts 69  43 

To   keep   register   of   teachers    40  18 

To  organize    teachers'  meetings    37c  17 

To  publish   compulsory  school   law    147  84 

To  report  absent  pupils  to  probation  officer. 150  85 

To  revoke   teachers'    certificates 106  63 

To  set  apart  "Arbor  Day"    188  103 

County  Treasurer — 

Accounts   with   school   districts    68  43 

Duties    respecting    redemption    of    school    district 

bonds    81  49 

Presentment  and   non-payment  of  warrants — duty      74  46 

D. 

Deaf  and   Blind — (See   School  for  Deaf  and   Blind) 

Deficiency  warrants — 

Emergencies     71a  45 

In  Rural  High  School  Districts 137g  81 

State  Board  of  Education  judge  of  necessity 71b  45 

Unlawful — penalty 7 Id  45 

When  allowed 71  44 

Delinquent  Children- 
Arrested  child  to  be  taken  before  Probate  Court.  .156  89 
Commitment   of  child    .                                                     .157  89 


116  INDEX 

Section  Page 

Compulsory  Education  Act    160  91 

Delinquent  child  denned 152  86 

Encouraging  delinquency  a  misdemeanor 159  91 

Imprisonment   to    be   avoided    155  88 

Information  or  complaint  in  Probate  Court 154  87 

Issuance   of   warrant    155  88 

Juvenile  disorderly  person — complaint  against....  162  92 

Juvenile   disorderly   person   denned    161  92 

Probate  Court  has  jurisdiction  of    153  87 

Probation  officer  may  file  complaint   154  87 

Records  and  reports  of  Court 153  87 

School  Trustees  to  report  delinquents 164  93 

Supervision  of  institutions  receiving  children 158  90 

Directors  of  Libraries — 

Appointment     179  99 

Organization     180  100 

Powers    180  100 

Reports    182  101 

Disease — (See  Health) 

District  Principal — 

Defined    21  13 

Meetings  with  State   Superintendent 21  13 

Eighth  Grade  Examinations — 

Regulations  and  requirements 187  103 

Elections — 

Commc-n    and     Independent    Consolidated     School 

Districts    49b  24 

Common  School  Districts — Annual 54b  29 

Common   School   Districts — vBond    77  48 

Common  School  Districts — Removal  of  School  Site  58g  35 

Common  School  Districts — Trustees   54b  29 

Independent   School   Districts — Bonds 131  76 

Independent   School    Districts — Organization 122  66 

Independent   School    Districts — Trustees 125a  69 

Rural  High  School  Districts — Bonds 139  82 

Rural  High  School  Districts — Organization 135  78 

School   District  Bonds 76  47 

77  48 

School    District    Libraries 178  99 

Emergency  Deficiency  Warrants — 

Expiration  of  Act 71c  45 

State  Board  of  Education,  exclusive  judge 71b  45 

When  allowed    71a  45 

Enrollment — 

To  be  checked  with  census  list 149a  85 

Examinations — 

(See  Certification  of  Teachers) 

Eighth    Grade    187  103 

Expenses  of  Teachers    42  18 

Teachers' — Held   by   County   Superintendent 41  18 

Expenditures — 

(See  Warrants) 

Supervision  of  Schools  by  State  Board  of  Education  8e  10 


INDEX  117 

Expulsion  of  Pupils —                                                                  Section  Page 

In  Common  School  Districts 58jj  36 

86a  51 

In  Independent  School  Districts 129g  72 

In  Rural  High  School  Districts 137d  80 

F. 

Felonies — 

Failure  to  pay  over  bond  money 84  50 

Fines  and  Penalties — 

Apportioned  to  School  Fund 65  40 

Flag — 

School  District  Trustees  to  provide 59  37 

Funding  Bonds — 

Common  School  Districts 76  47 

Independent  School  Districts 130  75 

Governor — 

May  remove   members   of  State  Board   of  Educa- 
tion             4  7 

To  appoint  members  of  State  Board  of  Education.        2  6 

To  supervise  institutions  receiving  children 158  90 

Gymnasiums — 

In  Independent  School  Districts 129m  73 

H. 

Health- 
Clerk  of  School  Board  to  be  notified  of  contagious 

disease    142  83 

Disinfection  of  text  books 144  84 

Exclusion  of  pupils  from  infected  households 143  83 

In   Schools — enforcement  of  laws 8m  11 

Supervision  in  Independent  School  Districts 1291  73 

Supervision  by  State  Board  of  Education 8n  11 

Violation  of  health  regulations  a  misdemeanor.  ...    145  84 

Hearing — 

Delinquent  children    157  89 

Juvenile  disorderly  person 162  92 

High  Schools — 

(See  Rural  High  School  Districts) 
(See  Tuition) 

Certificates  for  teachers 95b  56 

Duties   respecting   tuition 199  107 

Five-year  certificates  for  teachers 95e  57 

Life  certificates  for  teachers 95f  57 

One-year  certificates  for  teachers 95d  57 

State  Board  of  Education  to  classify 95a  56 

Holidays — 

Arbor  day 188  103 

Hygiene — • 

(See  Physiology  and  Hygiene) 

I. 

Income  of  School  Districts — 

What  it  is    71  45n 

Independent  School  Districts — 

Application  of  school  law  to 133  76 


118  INDEX 

Section  Page 

Apportionment   of  funds  to 67  42 

Board  of  Trustees — Terms  of  office 124  69 

Bonds  for  erection  of  buildings 131  76 

Certification  of  levies  to  County  Commissioners.  65b  40 

Change  of  boundaries 122  67 

Class  A — When   129aa  74 

Consolidated,  become  Independent 49d  25 

Consolidated— Directors 49e  25 

Consolidation  with  Common  School  Districts 49a  24 

Corporate  powers 123  68 

Election   of   Trustees 124  69 

Electors'    qualifications    12  5a  69 

Formation — Validation  of 122a  68 

Free  Tuition  in  High  Schools. 196  106 

Funding   bonds    .....:......'... 130  75 

May  establish  kindergartens 189  104 

Organization  conclusive  after  six  months 122b  68 

Organization,  petition,  election 122  66 

Tax  levy   for   bonds 132  76 

To  make  leVy  for  special  tax 129c  72 

Independent  School  Districts — Class  A — 
(See  Independent  School  Districts) 

Apportionment   of  funds  to 67  42 

Certification  of  levies  to  County  Commissioners...  65b  40 

Funding  bonds    130  75 

Independent  course  of  study .  —  ............  129bb  74 

Not  subject  to  supervision  by.  County  Superintend- 
ents   37a  16 

Superintend ent— Employment  for  term  of  years..  129dd  75 

Textbooks    129cc  74 

What  necessary  to  constitute .  129aa  74 

Independent  School  District  Trustees — 

Contracts   with   members   prohibited 126  70 

Death — change  of  residence — malfeasance 125b  70 

Election 125a  69 

Election — tie  vote 125a  69 

May  establish  kindergartens 189  104 

Meetings  of  Board    128  71 

Members  to  attend  meetings  called  by  County  Su- 
perintendent    62  39 

Qualification  and   organization .  127  70 

Terms  of  office 124  69 

To  build  school  houses . 129f 

To   determine   qualifications   of   teachers. 129h  73 

To    employ    teachers 129b  71 

To  enforce  compliance  with  law ..  —  .......  129k  73 

To   exclude  sectarian  matters 12  9 j  73 

To    expel    pupils 1 2  9g 

To  fix  length   of  school  term 129h  73 

To   fix  rate   of  tuition 12 9b  71 

To  furnish  text  books  on  physiology  and  hygiene.  .  19 Ob  105 

To   levy  special   tax.  ........  ...  .  .  . 129c 

To  make  by-laws . 129a  71 


INDEX  119 

Section  Page 

To  preserve  school   property 129e 

To   protect  morals   and   health 1291  73 

To    provide    equipment 129d  72 

To    provide   gymnasiums    and    playgrounds 129m  73 

To  require  pupils  to  furnish  their  own  books 1291  73 

Vacancies    125b  70 

Industrial  Training  School — 

Budget     '  8d  9 

Supervision  by  State  Board  of  Education 1  5 

Information — 

(See  Complaint) 

Institutes — (Teachers)  — 

Attendance    compulsory    109  64 

Conduct  and  expenses  of Ill  65 

Teachers    108  64 

Interest — 

Bonds — levy  for    80  48 

Bonds — secured    82  49 

Bonds — sold    to    State 82  50 

J 

Joint  Independent  School  Districts — 

Apportionment  of  funds  to 67  42 

Corporate   name    50a  26 

Formation     50a  25 

Qualifications    of   teachers 50a  26 

Joint  Rural  High  School  Districts — 

Apportionment   of  funds   to 67  42 

Corporate   name    50a  26 

Formation     50a  25 

Qualifications    of   teachers 50a  26 

Joint  School  Districts — 

Accounts    with    County    Superintendent 69  43 

Accounts  with  County  Treasurer 68  43 

Apportionment     51  27 

Apportionment  of  funds  to 67  42 

Certificates    of    teachers 50  25 

Certification  of  levies  to  County  Commissioners..  65b  40 

Corporate   name    50  25 

Formation     50  25 

Levy  for  special  tax 54c  3 On 

Petition   for   formation.  . 50  25 

Power  of  County  Commissioners  to  segregate 47a  21n 

Segregation     50  25n 

\Varrants — Countersigned    by    County    Superinten- 
dent      69  43 

Juvenile  Disorderly  Person — 

Commitment     162     »  92 

Complaint   against    162  92 

Defined    161  92 

Hearing  on   complaint 162  92 

K. 

Kindergartens — 

School   Districts  may   establish 189  104 


120  INDEX 

L. 

Levies —                                                                                             Section  Page 

Common  School  Districts 54c  29 

Common   School    Districts — Bonds 80  48 

Common    School    Districts — Power    of    Trustees    to 

levy     54e  31 

County  School  Tax 65a  40 

Independent   School    Districts — Bonds 132  76 

Independent  School  Districts — Rural  Routes 129c  72 

Independent    School    Districts — Special 129c  72 

Libraries    in    general 184  101 

Rural  High  School  Districts — Special 137g  81 

School    District    Libraries 178  99 

Lewiston  State  Normal  School — 

Budget 8d  9 

Supervision  and  control  by  State  Board  of  Educa- 
tion      1  5 

Libraries — 

(See  Directors  of  Libraries) 
(See  State  Library  Commission) 

Cities    may    establish 177  98 

Defined    184  102 

Directors    179  99 

Donations   to    183  101 

Free    181  100 

In  Common  School  Districts 58i  35 

School    Districts 178  99 

Tax  levies  for 184  101 

M. 

Misdemeanors — 

Employment  of  minors  in  saloons 172                    96 

Encouraging    delinquency     159                   91 

Injury  to  school  flags 59                    38 

Violation    of   health   regulations 145                   84 

Month — 

School   month   defined 18 5b              102 

N. 
Nepotism — 

Act  of  1915  not  applicable  to  school  districts 46  20n 

O. 

Official  Bonds — 

County  Superintendent  of  Public  Instruction 36  16 

State  Superintendent  of  Public  Instruction 19  13 

P. 

Penalties — • 

(See  Felonies) 

(See    Misdemeanors) 

County  Superintendent's  failure  to  report 45  19 

Creation    of    deficiency 71d  45 

Failure  to  teach   physiology  and   hygiene 193  106 

Violation   of   child   labor   act 170  95 

Petitions — 

Change  of  boundaries  of  Independent  School  Dis- 
tricts   .  .    122  67 


INDEX  121 

Section  Page 

Change  of  boundaries  of  school  districts 47a  21 

Change  of  boundaries  of  school   districts — Signers      47b  21 
Consolidation  of  Independent  and  Common  School 

Districts     49a  24 

County  Commissioners  to  act  upon 49  24 

County  Superintendent  to  give  notice  of  filing.  ...      48  23 

Creation   of  School   Districts 47a  21 

47b  21 

Creation  of  School  Districts — Signers 47b  21 

Formation   of  Consolidated   School   Districts 47c  22 

Joint  School  Districts — Formation 50  25 

Organization  of  Independent  School  Districts 122  66 

Organization  of  Rural  High  School  Districts 134  77 

School    District   Libraries 178  99 

Permits  to  Teach — 

County  Superintendent   to   issue 41  18 

In   general    105  63 

Physiology  and  Hygiene — 

Failure  to  teach — Penalty 193  106 

In  State  Reformatories 192  105 

Instruction  to  teachers  in 191  105 

To  be  taught  in  schools 190a  105 

Trustees  to  furnish  text  books  on 190b  105 

Playgrounds — 

In   Independent   School    Districts 129m  73 

President  University  of  Idaho — 

Member  of  State  Library  Commission :  . .  .  .    174  97 

Probate  Court — 

Children  arrested  to  be  taken  before 156  89 

Information  or  complaint  under  Delinquency  Act.    154  87 

Jurisdiction  over  delinquent  children 153  87 

Jurisdiction   over  Juvenile  Disorderly  Persons....    162  92 

Records  and  reports  on  delinquent  children 153  87 

Review  of  orders   of 165  94 

Probation  Officer — 

Appointment    163  93 

Duties    163  93 

Duties  in  case  of  absent  school  children 151  85 

To  file  complaint  against  child  delinquent 154  87 

To  file  complaint  against  juvenile  disorderly  per- 
son        162  92 

To  make  complaint  under  Child  Labor  Act 173  97 

Professional  School  for  Teachers — 

Defined    lOlb  61 

Public  School  Fund — 

Of  what  it  consists 63  39 

Pupils — 

(See  School  Children) 

Q. 

Quarantine — 

In  Common  School  Districts..                                              54d  31 


122  INDEX 

R. 

Refunding  Bonds —  Section          Page 

Common  School  Districts 76                    47 

Independent    School    Districts 130                   75 

Relatives — 

Anti-nepotism  Act  inapplicable  to  school  districts..  46                 20n 

Election  of  teachers  in  Common  School  Districts.  .581  37 

Repealing  clause 194                 106 

Reports — 

Common  School  Districts — Annual  financial  reports.  61                   38 
County   Superintendents — Annual    to    State    Super- 
intendent   43a                 19 

Directors   of  Libraries 182                 101 

Libraries — To  County  Superintendent 58i                  35 

Schools 80                 11 

State  Board  of  Education 8p                 12 

State  Board  of  Education — Annual 9                   12 

State  Superintendent — Financial   on  Schools 22c                 14 

Teachers' — To    County    Superintendent 85                   51 

Rural  High  School  Districts — 

(See  Joint  Rural  High  School  Districts) 

Apportionment   of  funds  to 67                    43 

Bonds — Election 139                    82 

Consolidation 134a 

Consolidation — Liability    for    bonds 134b 

Organization  conclusive  after  six  months 122b                68 

Organization — Election    135 

Organization — Petition     134 

Organization — Validation    122a                68 

Segregation     141 

Supervision  by  State  Board  of  Education 140                   82 

Trustees     136a                 79 

Rural  High  School  District  Trustees — 

Appointment     136a 

Clerk 136c 

Districts  created  prior  to  1911 136d 

Meetings 137                    80 

Oath    of   Office 136b                79 

Officers — Duties 138 

Organization     136c 

Powers   in  general 137a 

President 136c 

To   appoint  teachers 137c 

To  call  meetings  to  decide  on  building 137h 

To  fix  amount  of  special  tax 137g 

To  fix  length  of  school  term 137d 

To  fix  rate  of  tuition. 137b 

To  hold  and  manage  real  property 137e 

To  issue  deficiency  warrants 137g 

To  make  rules  and  regulations 137d 

To   provide   course   of  study 137f 

To  suspend  and  expel  pupils 13 7d 

Rural  School  Routes— 

Levy  in  Independent  Districts  for 12 9c                72 


INDEX  123 

S. 

Saloons —                                                                                        Section         Page 
Employment  of  minors  is  forbidden 172  96 

School  Children — 

(See  Child  Labor  Act) 

(See  Delinquent  Children) 

(See  Juvenile  Disorderly  Person) 

Absentees  to  be  reported 149b  85 

Attendance   outside   home   district 47d  23 

60  38 

Dismissal   of.  insubordinate,   pupils 58jj  36 

Exclusion  from  infected  households 143  83 

Expulsion  in  Independent  Districts 12 9g  72 

Register  of — Kept  by  teachers 85  51 

Suspension  and  expulsion  in  Rural  High  Schools..    137d  80 

Suspension    by    teachers 86a  51 

School  Code — 

Act   is    complete 195  106 

School  Districts — 

(See  Common  School  Districts) 

(See  Consolidated  School  Districts) 

(See  Independent  School  Districts) 

(See  Independent  School  Districts — Class  A) 

(See  Joint  School  Districts) 

(See  Rural  High  School  Districts) 

Accounts  with   County  Superintendent 69  43 

Accounts  with  County  Treasurer 68  43 

Boundaries   to   be   supervised    by   County   Superin- 
tendent          43b  19 

School  for  the  Deaf  and  Blind — 

Budget 8d  9 

Supervision   and   control   by   State   Board   of   Edu- 
cation         1  5 

School  Fund — 

(See  Public  School  Fund) 

School  Houses — 

Removal   in   Independent  School   Districts 129f  72 

Removal  of  site  in  Common  School  Districts, 58g  35 

Rural  High  School  Districts 137h  81 

Use   as    community   center 185c  102 

School  Lands — 

Additional    school    lands 64  40 

School  Month — 

Defined 185b  102 

School  Term — 

Length  in  Common  School  Districts 54d  30 

Length   in   Independent   School   Districts 129h  73 

Length  in  Rural  High  School  Districts 137d  80 

School  Year — 

Defined    185a  102 

Secrclpry  of  State — 

Member    State    Library    Commission 174  97 

Sectarian  and  Partisan  Instruction — 

Excluded   in   Independent   School   Districts 129j  73 

Forbidden    .186  102 


124  INDEX 

Specialists*  State  Certificates —  Section          Page 

(See  Certification  of  Teachers) 

In   general    91b                54 

State  Board  of  Education — 

Annual  report    9                   12 

Appointment  of  members  by  governor 2                     6 

Certification  of  teachers 8k                 11 

Conservation    of   health — Co-operation   with    other 

departments     8m               11 

Created    1                     5 

Executive  officers'  powers 8                     9 

Executive  officers'  powers — Budget  for  legislature  8d                   9 

Executive   officers'    powers — In   general 8a                   9 

Executive    officers'    powers — Minimum    course    of 

study    in    schools 8h                 10 

Executive    officers'    powers — Recommendations    to 

Legislature    8c                   9 

Executive   officers'    powers — Supervision   of   build- 
ings   and    construction 8f                 10 

Executive  officers'  powers — Supervision  of  courses 

of  study  in   state  institutions 8g                10 

Executive   officers'    powers — Supervision   of  school 

expenditures     8e                 10 

Executive  officers'  powers — Supervision  of  schools  8b                   9 
Executive    officers'    powers — (Supervision    of    Sum- 
mer Normal  Schools 8j                  10 

Executive    officers'     powers — Supervision    of    text 

books     8i                  10 

Judge  of  necessity  for  deficiency  warrants lib                45 

98b  59 

Meetings    5                      7 

Members — Compensation — Expenses     6                     7 

Members — Removal — 'Cause    4 

Members — Terms — Qualifications    2                     6 

Membership    2                     6 

Powers   and   duties — In   general 7 

Powers  and  duties — Appointment  of  Commissioner 

of   Education    7a 

Powers  and   duties — Court  of  appeal 7d 

Powers  and  duties — Delegation  of  discretion  to  ex- 
perts       7f 

Powers  and  duties — Legislative  duties 7d 

Powers  and  duties — Removal   of  Commissioner  of 

Education    7a 

Powers   and    duties — Rules   and   regulations 7b 

Powers    and    duties — Supervisory     expenditure     of 

funds    7c 

Powers  and  duties To  prepare  budget 7e 

Publication   of  reports   and   statistical   tables 8p                12 

Recommendations    9 

Reports    of   Schools    80 

State   Superintendent  is   executive   officer 22a 

Supervision   of  health  regulations 8n 

Supervision    of   State   Library    Commission 81                  11 


INDEX  125 

Section  Page 

Supervisory   powers   over   certification   of   teachers  90c  54 

To    classify   high   schools 95b  56 

To  indorse  plans  for  proposed  consolidated  school 

districts    47c  22 

To  revoke  teachers'   certificates 97  58 

To  supervise  Rural  High  School  Districts 140  82 

Transfer  of  control  of  institutions  to 3  6 

State  Certificates — 

(See  Certification  of  Teachers) 

State  Library  Commission — 

Accounts  of    176  98 

Membership     174  97 

To  manage  Travelling  Library 175  97 

State  Superintendent  of  Public  Instruction — 

Bond    19  13 

Correspondence  with   other  states 22d  14 

Duties    20  13 

Election     19  12 

Executive  office  State  Board  of  Education 22a  14 

Ex-officio  member  State  Board  of  Education 2  6 

Expenses    22e  15 

Financial   Report  of  Schools 22c  14 

Inspection   of   Schools 22d  14 

Member  State  Library  Commission 174  97 

Oath    of   Office 19  13 

Office     20  13 

Qualifications     19  13 

Seal    20  13 

To  apportion  funds  to   counties 67  42 

To   call   meetings   of  County  Superintendents 21  13 

To  print  and  distribute  supplies  and  laws 22b  14 

Statistical  Tables — 

To  be  prepared  by  State  Board  of  Education 8p  12 

Summer  Normal  Schools — 

Abolished    65 

Supervision  by  State  Board  of  Education 8j  10 

Superintendent — 

Employment    in    Independent    School     Districts — 

Class  A  for  term   of  years 129dd  75 

Superintendent  of  Public  Instruction — 

(See  County  Superintendent  of  Public  Instruction) 
(See  State  Superintendent  of  Public  Instruction) 

Suspension  of  Pupils — 

By  teachers — Review  by  Board  of  Trustees 86a  51 

In  Rural  High  School  Districts 137d  80 

T. 

Taxation — 

(See  Levies) 

Apportionment  of  County  Funds  to  Districts 67  42 

Apportionment  of  State  Funds  to  Counties 66  41 

Collection  by  County 65c  41 

Collection  for  Common  School  Districts..  56  32 


126  INDEX 

Section  Page 

County  School  Taxes 65  40 

Levy  for  County  Schools 65a  40 

Special  Tax  in  Common  School  Districts 54c  29 

Special  Tax  in  Independent  School  Districts 129c  72 

Special  Tax  in  Rural  High  Schools 137g  81 

Teachers — 

(See  Certification  of  Teachers) 

Adjourned   Schools — Teachers   draw   pay 110  64 

Appointment  in   Rural  High   School   Districts 137c  80 

Duties    in    general 86b  51 

Employment  in  Independent  School  Districts 129b  71 

Examinations  by  County  Superintendent 41  18 

In  Common  School  Districts — Compensation 58b  33 

In  Common  School   Districts — Discharge 58c  34 

In  Common  School  Districts — Employment 58a  33 

In  Joint  Districts — Certificates 50       .  25 

In  Joint  Independent  Districts — Certificate 50a  26 

In  Joint  Rural  High  School  Districts — Certificate.  50a  26 

Institutes     108  64 

Institutes — Attendance    compulsory    109  64 

Instruction  in  physiology  and  hygiene 191  105 

Meetings  called   by  County  Superintendent 37c  17 

Must   have    certificate 87  52 

Penalty     for     failure     to     teach     physiology     and 

hygiene    193  106 

Permits   to  teach 41  18 

Professional    School    defined lOlb  61 

Qualifications  in   Independent   School   Districts...  129h  73 

Register  of  School  Children  to  be  furnished  to...  85  51 

Register  of — To  be  kept  by  County  Superintendent  40  18 

Report  blanks  to  be  furnished  to 85  51 

Suspension  of  Pupils 85a  51 

To   keep   register   of   pupils 85  51 

To  make  report  to  County  Superintendent 85  51 

Teachers'  Institutes — 
(See  Institutes) 

Text  Books — 

Disinfection    of    144  84 

In  Independent  School  Districts — Class  A 129cc  73 

Physiology  and   hygiene — To   be  furnished 190b  105 

Pupils  to  furnish  in  Independent  School  Districts.  12 9i  73 

Supervision  by  State  Board  of  Education 8i  10 

Theatrical  Employment  of  Children — 

Prohibited     171  96 

Travelling  Library — 

Management   by   State   Library   Commission 175  97 

Trustees — 

(Seo  Common  School  District  Trustees) 

(See  Consolidated  School  District  Trustees) 

(See  Independent  School  District  Trustees) 

(See  Independent  School  District  Class  A  Trustees) 

(See  Joint  School  District  Trustees) 

County  Superintendent  to  appoint  in  new  districts  44  19 


INDEX  127 

Tuition —                                                                                         Section  Page 

Duties    of   High    Schools 199  107 

Duty  of  County  Superintendent 198  107 

Free    196  106 

In  Common  School  Districts 58d  33 

In  High  Schools 58d  33 

In  Independent  School  Districts 129b  71 

In  Rural  High  School  Districts 137b  80 

Payment   by   Districts 196  106 

Rate  when  paid  by  Districts 197  107 

U. 

University  of  Idaho — 

Budget    8d  9 

Graduates    entitled    to    teachers'    certificates 92  55 

Supervision    and    control    by    the    State    Board    of 

Education    1  5 

W. 

Warrants — 

(See  Delinquent  Children) 

Deficiency     71  44 

Deficiency  in  emergency  cases 7 la  45 

Deficiency  in   Rural  High   School   Districts 137g  81 

Duty  of  County  Auditor 73  46 

How  drawn    70  44 

Orders   for    70  44 

Orders  for — County  Superintendent  to  countersign  72  46 

Presentment    and    non-payment 74  46 

School    District — County    Superintendent    to    coun- 
tersign      69  43 

Working  Hours — 

Children  under  sixteen 169  95 

Y. 

Year — 

School  year  defined 185a  102 


128  INDEX 

TABLE  OF  CASES. 

Bank  vs.  Board  of  Regents,  26  Ida.  15;  140  Pac.  771.  .  5 

Barton  vs.  Alexander,  27  Ida 37  20 

Barton  vs.  Rogers,  21  Ida.  609;  123  Pac.  478. 71 

Bobbit  vs.  Blake,  25  Ida.  53;  136  Pac.  211 21  25 

Coon  vs.  Sommercamp  (Ida.)  146  Pac.  728 40 

Dart  vs.  Board,  20  Ida.  445;  119  Pac.  52 40 

Fenton  vs.  Board,  20  Ida.  392;  119  Pac.  41 20  31  40 

Fremont  County  vs.  Brandon,  6  Ida.  482;  56  Pac.  264.  .  17 

Gaiser  vs.  Steele,  25  Ida.  412;  137  Pac.  889 83 

Hermann  vs.  Independent  District,  24  Ida.  554;  135 

Pac.  1159  71 

School  District  vs.  Blaine  County,  26  Ida.  285;  142  Pac. 

41  27 

State  vs.  Drury,  25  Ida.  787;  139  Pac.  1129 91  94  97 

Wood  vs.  Independent  School  District,  21  Ida.  734;  124 

Pac.    780    .  20        21        65 


. 


50m-7,'16 


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